The main legal point established in the judgment is that the Magistrate has no power to extend the period of six months for completing an inquiry under S.116(6) of the Code of Criminal Procedure once the period has expired.

1. An interesting question has been argued by counsel on both sides in in this case. That concerns the scope of S.116 (6) of the Code of Criminal Procedure. S.107 of the Code enables an Executive Magistrate to require any person to show cause why he should not be ordered to execute a bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. That is when the Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and when the Magistrate is of the opinion that there is sufficient ground for proceeding. If the order is addressed to a person present in court, the Magistrate is to issue a summons requiring such person to appear, or, when such person is in custody, issue a warrant directing the officer in whose custody he is, to bring him before the court. When such an order has been served consequent upon which the accused appears or is brought to court, the Magistrate is to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. From their very nature the proceedings are not to be protracted and the person against whom such proceedings are taken is entitled to expect an early quietus to such proceedings. To this end provision is made in sub-section 6 of S.116. That sub-section requires that the inquiry under S.116 shall be completed within a period of six months from the date of the commencement of such inquiry. In case such inquiry is not completed, the proceedings shall, on the expiry of the period of six months, stand terminated, unless, for special reasons to be recorded in writing, the Magistrate otherwise directs. The power of extension beyond the period of six months is not available in the case of any person kept in detention pending such inquiry. Therefore in the case of a person who is not in detention pending the inquiry the normal period of lite of the inquiry is six months except in cases where it is extended by order in writing recording special reasons. The cessation after the termination of the expiry of the period of six months is automatic and takes effect merely by the lapse of the period. The question for decision before me is whether the Magistrate would be competent to extend the period of six months once the period of six months has expired or whether the power to order extension has to be exercised within the said period of six months. It may happen that the court may not be moved by any party to extend the period of six months before that period expires or the court may fail to notice that the period of six months is about to expire. It may happen that this comes to the notice of the court only when the person against whom proceedings are taken moves the court seeking that the termination be recorded since the period had expired. Is it open to the court then to extend the period by an appropriate order, indicating sufficient reasons in justification of the extension? The counsel for the petitioner before me contends that the Magistrate has no power to extend the period when once the period of six months is over and that has happened in this case with the consequence that the proceedings shall not continue. The counsel for the State, on the other hand, urges the view that the period could be extended by the Magistrate even after the expiry of six months so long as the proceedings are pending in the sense no formal order closing the proceedings has been passed.

2. The plain answer to the question, according to me, depends upon reading sub-section 6 of S.116 to determine the time the proceedings terminate by reason of the expiry of the period and how it terminates. The sub-section with the proviso reads as under:

"(6) The inquiry under this section shall be completed within a period of six months