IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52810 of 2008 1. Prem Prakash Sinha, son of Sri Maheshwar Prasad Sinha, resident of Village/Mohalla-Budha Colony (Behind B.D. Public School), Police Station-Budha Colony, District-Patna. 2. Ashok Kumar Verma, son of Late Asuttosh Verma, resident of Village/Mohalla-Bednagar, Sitakunj Apartment, Police Station-Rupashpur, District-Patna. ………………………………………………..Petitioners. Versus 1. The State Of Bihar. 2. Ranjan Kumar, son of Sri Nagendra Rai. 3. Manoranjan Kumar Roy, son of Sri Nagendra Kumar Roy. Both resident of Village/Mohalla-North Mandiri, Police Station-Budha Colony, District-Patna. ………………………………………..Opposite Parties. ---------------------------------- For the Petitioners : Mr. Satyapal Narottam, Advocate. For the State : Dr. Mayanand Jha, A.P.P. ------------------------------------ 5. 29.8.2011. Heard. This application, under Section 482 of the Code of Criminal Procedure, has been preferred against the order dated 6.12.2008 passed by the Additional Sessions Judge-IX, Patna, in Criminal Revision No.751 of 2008, whereby the Additional Sessions Judge, has allowed the Criminal Revision filed by the opposite parties no.2 and 3 against the order dated 12.9.2008 passed by the Executive Magistrate, Patna Sadar, 2 in Case No. 527(M) of 2007, extending the period of proceeding under Section 107 of the Code of Criminal Procedure for further six months. From perusal of the impugned order dated 6.12.2008, it appears that the proceeding under Section 107 of the Code of Criminal Procedure was drawn up on 23.7.2007 against both parties, both parties filed their show cause on 23.11.2007 and inquiry in case was proceeded. On 25.2.2008, the petitioners filed a petition for extension of time of proceeding of Section 107 Cr.P.C. which was disposed of by the Executive Magistrate extending the further period of six months on 12.9.2008 after expiry of six months under Section 116 Cr.P.C. The Additional Sessions Judge after hearing the parties and going through the record came to the conclusion that after expiry of six months, in a proceeding under Section 107 Cr.P.C., the further time cannot be extended, which was done by the Executive Magistrate. The proceeding under Section 107 of the Code of Criminal Procedure stands automatically terminated either on expiry or completion of six months and further time cannot be extended thereafter. I find no jurisdictional error in the impugned order of 3 the Additional Sessions Judge dated 6.12.2008 to interfere with the same. Accordingly, this application stands dismissed. P.S. (Rajendra Kumar Mishra, J)