SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1978 Supreme(Cal) 278

MONOJ KUMAR MUKHERJEE, R.BHATTACHARYYA
PARESH CHANDRA HATI – Appellant
Versus
AHITOSH PANDA – Respondent


JUDGEMENT

R. Bhattacharya, J.:- This revisional application has been filed by the petitioners, five in number, who are the opposite parties in a proceeding under S. 107 of the Cr. P. C. before the learned Magistrate drawn up, at the instance of the first party Ahitosh Panda who is impleaded in this application as one of the opposite parties. The prayer of the petitioners before this Court is for quashing the proceedings pending before the learned Magistrate.

2. The petition is being opposed by both the first party and the State. Mr. S. N. Ganguly appears for the petitioner, Mr. Satyajit Mondal represents the first party and Mr. Sudipta Moitra appears on behalf of the State. The contention of Mr. Ganguly before us is that in view of sub-sec. (6) of S. 116 of the Cr. P. C. 1973 the proceeding before the trial court ought to have been terminated with the expiry of six months from the commencement of the inquiry. It is contended from the side of the petitioners that as soon as the opposite party appears in a proceeding under S. 107 of the Cr. P. C., the inquiry starts and if the inquiry is not concluded within a period of six months from that appearance, the proceeding automatically term



























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top