SHAMBHU PRASAD SINGH, J.

1. This Criminal Writ application has been filed in the following circumstances. A proceeding under section 107 of the Code of Criminal Procedure was drawn up as against the petitioners on 10th of May, 1974. After service of notice on them, on 5th of September, 1974, the petitioners filed their show cause. On 17th of October, 1974, both parties requested the Magistrate to fix a date for producing their witnesses and he fixed 2nd of November 1974, for the purpose. On 2nd of November, 1974, the parties appeared but they did not produce their witnesses. No witness therefore, could be examined on that date. For some reason or the other the witnesses could not be examined even on several dates fixed in the case thereafter. On 1st of March, 1975, an application was filed on behalf of the petitioners that since the proceeding had been pending for more than six months, it stood automatically terminated. On that question arguments of the lawyers of both the parties were heard on 3rd of March, 1975 and 10th of March, 1975 was fixed for orders. The Magistrate could not, however, pass the order on 10th of March, 1975 and several other dates fixed thereafter for