Chait Ram and Another vs State of Uttaranchal

Dharam Veer, J.—This revision, preferred by the revisionists u/s 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) has been filed for quashing the judgment and order dated 19.7.2002 pased by the Sessions Judge, Rudraprayag in Criminal Appeal No. 4/2002, Chait Ram and Anr. v. State of Uttaranchal as well as for quashing the judgment and order dated 27.5.2002 passed by the SDM, Ukhimath, Rudraprayag in Case No. 7/2002, State v. Chait Ram and Anr. directing the revisionists to execute a bond for Rs. 5,000/- each with two sureties in the like amount for keeping peace for a period of one year.

In brief, the prosecution case is that Supervisor Kanoongo, Guptkashi submitted a chalani report dated 8.7.2001 before the SDM, Ukhimath in which he has stated that the complainant Nand Kishor, etc. and revisionists are the residents of the nearby villages and a public way runs form the village Sankri of the complainant to Guptkashi through Chauri Tok and the revisionists have obstructed the road by constructing a wall and by the illegal possession over the Govt. land they have planted the flowers and the crops on the abovesaid land. On 6.7.2001 in the presence of Panches and the complainant and the revisionist, the way was opened. This public way passes through the Govt. land. Thereafter the revisionists have further closed the abovesaid public way and with the help of the ladies of their family, they abused the complainant and threatened them for their life. Nearby the said land, Smt. Bicchna Devi also has her land and the revisionists are also threatening her and have abused her. In these circumstances, there are chances of the breach of law and order and also there are chances of committing some heinous crime by the revisionists, who are not working as per law and even they are not obeying the orders. The revisionists have again closed the way when it was opened by the revenue authorities.

On the basis of the abovesaid averments, the Supervisor Kanoongo, Guptkashi requested the Court for summoning the revisionists in the Court and ask them to furnish personal bonds and sureties to maintain the law and order. On the basis of this report, notices was issued to the revisionists u/s 111 CrPC. Thereafter the revisionists have come in the Court. Their statements were recorded u/s 251 CrPC.

To prove its case, the prosecution has examined PW 1 Shivraj Lal, Supervisor Kanoongo, Guptkashi; PW 2 Nand Kishor, the complainant; PW 3 Vinod Kumar Nautiyal and PW 4 Dharmanand, who have supported the facts mentioned in the aforesaid chalani report of the Supervisor Kanoongo, on the basis of which the notice u/s 111 CrPC was issued to the revisionists.

Thereafter, statements of the revisionists were recorded u/s 313 of Cr.P.C., who denied the allegations made against them. In defence, the revisionists i.e. Chait Ram and Jagdamba Prasad have examined themselves as DW1 and DW2 respectively.

After hearing learned Counsel for the parties and after appreciating the evidence available on record, learned SDM, Ukhimath vide his judgment and order dated 27.5.2002 asked each of the revisionists to furnish within 15 days a bond for Rs. 5,000/- and two sureties each in the like amount for keeping peace for a period of one year. Against the aforesaid judgment and order dated 27.5.2002, the revisionists preferred appeal before the Sessions Judge, Rudraprayag which was dismissed vide judgment and order dated 19.7.2002 and the order of the SDM, Ukhimath was affirmed. Hence, the present criminal revision has been filed by the revisionists.

I have heard learned Counsel for the parties and have carefully perused the entire material available on the record.

Learned Counsel for the revisionists argued that as per Section 116(6) CrPC, the inquiry is not completed within a period of six months from the date of its commencement. Hence, the impugned judgment and order of the SDM, Ukhimath dated 27.5.2002 is not correct. For the sake of convenience, Section 116(6) CrPC is reproduced as under:

Section 116(6) CrPC: "The inquiry under this section shall be completed within a period of six month from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs.

From the perusal of the impugned judgment and order of the SDM, Ukhimath dated 27.5.2002, it reveals that the six months� period was scheduled to be expired on 11.3.2002, but as the SDM, Ukhimath was busy in the Legislative Assembly elections, hence on 26.2.2002 the period was extended for further three months and as per Section 116(6) CrPC, the Magistrate has power to extend the time for special reasons to be recorded in writing. As discussed above, the SDM, Ukhimath was busy in the Legislative Assembly elections, hence he was unable to decide the matter within the stipulated time and, therefore, the period was extended on 26.2.2002 before the expiry of the due date for three months and thus, the said period was extended till 10.6.2002 as the six months� time was scheduled to be expired on 11.3.2002 and the SDM, Ukhimath has decided the case on 27.5.2002 and hence, it was decided within the time which is as per law. Moreover, the order dated 26.2.2002 was not challenged by the revisionists. Hence, the order of the SDM, Ukhimath dated 27.5.2002 is correct and in view of the legal position discussed above, learned Sessions Judge, Rudraprayag has rightly affirmed the aforesaid order of the SDM vide his judgment and order dated 19.7.2002. As such, the argument of the learned Counsel for the revisionists is misconceived and is hereby rejected.

For the reasons recorded above, I do not find any illegality, irregularity or impropriety in the impugned judgment and order dated 27.5.2002 passed by the SDM, Ukhimath and the judgment and order dated 19.7.2002 passed by the Sessions Judge, Rudraprayag. As such, the revision is devoid of merit and is liable to be dismissed as such.

Resultantly, the revision being devoid of merit is hereby dismissed. Interim order dated 12.8.2002 stands vacated. Revisionists are directed to appear before the SDM, Ukhimath on 20.8.2010 for compliance of his order dated 27.5.2002.