IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47546 of 2008 BHOLA MIYAN, son of Salim @ Salauddin, Mohalla Sherpur Katara, PS Bihar Sharif, District Nalanda – petitioner. Versus STATE OF BIHAR ----------- 2 25.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 18.10.2008 passed by the Subdivisional Magistrate, Nalanda in Case No. 972(M)/2008 by which the petitioner was asked to show cause in a proceeding under section 110 of the Cr.P.C. The petitioner has filed a show cause and challenges the entire proceeding on the ground that it violates provisions of section 116(6) of the Cr.P.C. Undoubtedly the proceeding under section 110 Cr.P.C. can be initiated for reasons as set out in the section itself. Section 111 of the Cr.P.C. requires that the Magistrate should pass an order in writing setting forthwith substance of the information received and the amount of bond to be executed in any proceeding under sections 107, 108, 109 or 110 of the Cr.P.C. Section 116 of the Cr. P. C. specifically mentions that when an order under section 111 has been read or explained under section 112 to a person in court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. 2 Sub-section (6) of section of the Cr.P.C. further requires that the enquiry should be completed within six months and if it is beyond the period of six months, then there should be an order regarding special reasons for extending that period. In the present case no order has been passed extending the period and the facts discloses that one and half year have lapsed since the order has been issued and the enquiry is still pending. In the circumstances this court finds that the no order can be passed on the basis of the show cause issued on 18.10.2008. Accordingly, the impugned order, dated 18.10.2008 passed by the Subdivisional Magistrate, Nalanda in Case No. 972(M)/2008 is hereby quashed. This application is allowed. haque (Sheema Ali Khan, J.)