IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Crl.MC.No. 171 of 2008() --------------------------- M.C.NO. 25/2005 of SUB DIVISIONAL MAGISTRATE, TIRUR PETITIONER: ------------ 1. VALIYAPEEDIYAKKAL JAHIR, S/O.MOHAMMEDALI, 27/05, VETTOM AMSOM, VAVARANGADI. 2. KUTTIKKATTIL ANWAR, S/O.MOHAMMEDKUTTY, 26/05, VETTOM AMSOM, VEVANNA. 3. KADAVATHAKATH FAIZAL, S/O.HAMEED, 21/05, VETTOM AMSOM, ALINERY. 4. VALVATH MOHAMMEDKUTTY, S/O.BEERAN MASTER, 42/05, VALAVATH HOUSE, THALAKKAD AMSOM. 5. CHANGATHAKATTIL MOHAMMEDKOYA, S/O.MARAKKARKUTTY, 38/05, THALAKKAD AMSOM, KANNAMKULAM. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.171 of 2008 = = = = = = = = = = = = = = Dated this the 29th day of January, 2008 ORDER The petitioners five in number were B Party in M.C.No.25/2005 on the file of Sub Divisional Magistrate, Tirur, who had issued notices to the petitioners under sections 111 read with 107 Cr.P.C directing the petitioners to appear before the learned Magistrate on 18.01.06 and to show cause why they should not be ordered to execute bonds with two solvent sureties for keeping peace in the locality for a period of one year. 2. The petitioner accordingly appeared before the learned Sub Divisional Magistrate on 08.03.06. Under Section 116(6) Cr.P.C, the proceedings should be completed within six months from the date of appearance of the counter petitioners. Hence the proceedings should have been completed on or before 08.09.06. The proceedings could have been continued beyond 08.09.06, only if special reasons as enjoined by Section 116(6) Cr.P.C had been recorded in writing by the Magistrate. 3. I called for the lower court records and have perused the same. No special reasons have been recorded by the Crl.M.C.No.171 of 2008 2 Magistrate to continue the proceedings beyond 08.09.06. Hence the proceedings stood terminated with effect from 08.09.06. Accordingly this Crl.M.C is allowed holding that M.C.No.25/2005 on the file of Sub Divisional Magistrate, so far as it relates to the petitioners herein, stood terminated as on 08.09.06. I am fortified in this conclusion by a decision of the Division Bench of this Court in Muhammedkutty v. State of Kerala (2007(2) KLT 820). V. RAMKUMAR, JUDGE sj