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Judgment
Nisar Ahmad Kakru, J.—A short but important question has arisen in this petition as to whether it is permissible for the Executive
Magistrate to continue with the proceedings u/s 107, Cr.P.C. beyond the period of six months. To have an answer to the question it is appropriate
to notice Sub-section (6) of Section 117 of Cr.P.C. which is extracted for facility of reference.
(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and 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 :
Provided that such proceedings shall in no case continue beyond a period of one year.
A bare perusal of the aforementioned provision of law makes it obligatory upon a Magistrate to complete the inquiry within a period of six
months from the date of its commencement. No doubt he has the power to extend the inquiry but in such eventuality he is to give special reasons
and if special reasons are spelt out the proceedings can be extended but under proviso to Sub-section (6) in no case beyond a period of one year,
It transpires from the file that although the proceedings have been continued beyond six months yet special reasons are wanting, so much so,
same have been stretched beyond maximum period of one year. The Executive Magistrate appears unmindful of the legal position that the power
made available to a statutory authority has to be exercised in the mode and manner as prescribed by the statute which he has observed in breach.
Thus order impugned being illegal and without jurisdiction is liable to be set aside.
In the result, the reference succeeds and the impugned proceedings and order are quashed.