1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 1372 OF 2009 Raju Ramchandra Rajput .. Petitioner. V/s. The State of Maharashtra & Anr. .. Respondents. --- Mr. Ashok M. Saraogi for the Petitioner. Mr. Y. S. Shinde, APP for the State. --- CORAM : A. S. OKA, J. DATE : JUNE 15, 2009 P. C. :- 1. Heard the learned counsel appearing for the petitioner and the learned APP for the State and for the second respondent. 2. The challenge in this petition is to show cause notice dated 21st of October, 2008 issued by the second respondent in a purported exercise of power under section 110 read with sections 111 and 113 of the Code of Criminal Procedure, 1973. For challenging the said show cause notice, a revision application was preferred by the petitioner. 2 The said revision application was dismissed on 19th of March, 2009 and thereafter on 6th of May, 2009 the second respondent/ Special Executive Magistrate issued notice to the petitioner informing the petitioner that as the revision application has been dismissed, the hearing has been fixed on 14th of May, 2009. 3. The learned APP has invited my attention to sub-section 6 of section 116 of the of the Cr.P. C. which reads as under : Sub-section (6) of S.116 : 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 : Provided that where any person has been kept in detention pending such inquiry, the proceedings against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. 3 4. The learned APP states that the revision application filed by the petitioner was pending in the Sessions Court and the enquiry could not be concluded within the stipulated period of six months and therefore, after dismissal of the revision application, a fresh notice has been issued. 5. The proceedings under Chapter 8 of the said Code are initiated on the basis of an order under section 111 of the Cr. P. C. Therefore, date of initiation of the proceedings can be safely taken as 21st of October, 2008. Considering the very nature of the proceedings, the law provides that enquiry has to be concluded within the period of six months from the date of commencement unless for special reasons to be recorded in writing the learned Magistrate otherwise directs. Admittedly no such order recording special reasons has been passed by the learned Magistrate. Therefore, on expiry of the period of six months from 21st of October, 2008, the proceedings stood terminated and in the absence of any specific order passed by the learned Magistrate, the notice dated 6th of May, 2009 could not have been issued. Only on this limited ground the show cause notice deserves to be quashed and set aside. Other contentions raised in this petition need not be dealt with at this stage. 4 6. Hence, petition is allowed in terms of the prayer clause (a). It is made clear that this order will not prevent the first respondent from initiating appropriate proceedings against the petitioner in accordance with law. (A.S.OKA,J.) .....