Crl.Misc. No.M-28135 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-28135 of 2009(O&M) Date of Decision:July 26, 2011 Bishan Dass ...........Petitioner Versus Union Territory Chandigarh and others ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Y.P.Singla, Advocate for the petitioner Mr.Navjot Singh,Advocate for Mr.Hemant Bassi,Advocate for UT Chandigarh Mr.N.K.Nanda,Advocate for respondent No.4 ** Sabina, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) seeking quashing of Calandra registered vide DDR No.41 dated 14.3.2009 under Section 107/151 Cr.P.C. registered at Police Station Sector 36, Chandigarh (Annexure P2) and all consequential proceedings arising thereto. Petitioner has filed a civil suit seeking permanent injunction restraining respondent No.4 from dispossessing the petitioner from the rented premises. The said civil suit is pending between the parties and on 10.3.2009, respondent No.4-defendant was directed not to dispossess the plaintiff from the premises except in due course of law. Assistant Sub Inspector-Harpal Singh presented the challan under Section 107/151 Cr.P.C. on 15.3.2009. It was alleged therein that the petitioner had started scuffling Crl.Misc. No.M-28135 of 2009 2 with respondent No.4 in his presence and was loudly using filthy abuses and was saying that he would teach a lesson to her. Petitioner was controlled with great difficulty with the help of police force but he again and again tried to go towards respondent No.4 after getting himself freed. Hence, the petitioner was arrested as there was no other alternative. Petitioner was released on bail on 16.3.2009. Learned counsel for the petitioner has submitted that the proceedings under Section 107/151Cr.P.C. were to be concluded within six months. However, the same was not done and hence, the proceedings were liable to be quashed. Learned State counsel, on the other hand, has submitted that the proceedings under Section 107/151 Cr.P.C. had been initiated against the petitioner as he was indulging in commission of breach of peace in the locality. Section 116(6) Cr.P.C. reads as under:- “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 the writing the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.” Thus, as per the above provision, the inquiry in the proceedings initiated Crl.Misc. No.M-28135 of 2009 3 under Section 107 Cr.P.C are liable to be concluded within six months. However, in the present case, the inquiry has not been completed within six months nor there is any order on record passed by the Magistrate whereby the Magistrate had directed the proceedings to continue for any special reasons beyond the period of six months. In these circumstances, the proceedings stand terminated on the expiry of period of six months of initiation as the same had not been concluded within the requisite period of six months. Accordingly, this petition is allowed. Proceedings initiated against the petitioner under Section 107/151 Cr.P.C. stand dropped. ( Sabina ) Judge July 26, 2011 arya