THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2660 OF 2008 DATED: 22-07-2010 Between G.Lokanandam …Petitioner –accused And 1.The Sub Divisional Officer & Revenue Divisional Officer, Tirupathi, Chittoor District and another. …Respondents-Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2660 OF 2008 ORDER: This petition under Section 482 Cr.P.C. is filed to quash the proceedings in ROC/G/1963/07 & M.C.No.3/07, dated 05-11-2007, on the file of the 1st respondent. 2. The petitioner herein is working as Junior Technical Officer in Panchayat Raj Department, Tirupathi and residing at Tirupathi. As the salary of the petitioner is not sufficient to the livelihood of his family, his wife started small shop of STD, DTP near Alipiri road, Tirupathi, and has been paying the rents regularly to the landlord. Though the landlord is receiving the rents, he is forcing the tenants to vacate the premises. He also implicated a false case against the family members of the petitioner. Surprisingly, the petitioner on 05-11-2007 received summons from the first respondent to answer the charges leveled against him and his family members under Section 107 Cr.P.C. by attending the office on 27-11-2007 at 11.00 A.M. The charge is that the 2nd respondent herein complained that the petitioner and his family members are causing breach of peace and disturb the public tranquility or to do any wrongful acts at Tirupathi mandal. 3. Learned counsel appearing for the petitioner contended that the continuation of proceedings against the petitioner is nothing but abuse of process of Court in view of the fact that enquiry has not been completed within six months and hence, he prays to quash the proceedings. 4. Under sub-section (6) of Section 116 Cr.P.C. the inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs. Summons have been ordered on 05- 11-2007. As seen from the allegations in the petition, the case underwent several adjournments. The petitioner and his family members have to attend the case at different places on each adjournment. Therefore, within six months, the enquiry has not been completed and special reasons have not been recorded by the Magistrate. Therefore, continuation of proceedings is nothing but abuse of process of law. 5. Accordingly, the Criminal Petition is allowed quashing the proceedings in ROC/G/1963/07 & M.C.No.3/07, dated 05-11-2007, on the file of the 1st respondent i.e, the Sub Divisional Officer & Revenue Divisional officer, Tirupathi, Chittoor District. ------------------------------- JUSTICE K.C.BHANU DATED:22-07-2010 Hsd