JUDGEMENT

R. N. Misra,J. :- On 17-9-1974, an application was made by Kunjabehari Rautray (opposite party No.1) for initiation of a proceeding under S.107 of the Cr.P.C. and the learned Magistrate sent the application to the Officer-in-charge of the Nimapara Police Station for a report. On 24-9-1974, the Police recommended initiation of a proceeding and suggested that interim bonds may be taken under S.116 (3) of the Code. On 12-2-1975, a proceeding under S.107 of the Code was initiated and members of the second party were noticed to appear. On 30th of August, 1975, members of the second party contended before the learned Magistrate that as the proceeding could not be completed within six months from initiation of the inquiry as required under S.116 (6) of the Code, the same should stand terminated. The learned Magistrate dropped the proceeding on the sole ground that the inquiry under S.107 had been instituted on 12-2-1975 and though more than six months had elapsed since then, the inquiry could not be completed. On the self-same day, opposite party No.1 filed another application for initiation of a fresh proceeding under S.107 of the Cr.P.C. wherein he referred to the earlier proce