Manish Krishnaji Naik v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3021 OF 2015 Manish Krishnaji Naik.

..Petitioner.

Versus

State of Maharashtra & Another.

..Respondents.

Mr. A. A. Patankar for the Petitioner.

Ms. S. D. Shinde, APP for the State.

Coram : Ranjit More & A. M. Badar, JJ.

Date : January 6, 2017.

P. C. :

1.

Heard the learned Counsel appearing for the respective parties. Petition is filed for quashing the chapter proceedings initiated against the Petitioner by the Respondent by issuance of show cause notice dated 10th June 2015. Under section 116(6) of the Code of Criminal Procedure, 1973, enquiry into the chapter proceedings are required to be completed within the period of six months from the date of its commencement and if such enquiry is not completed within the period of six months, the said proceedings shall on expiry of the said period, stand terminated, unless for special reasons to be recorded in writing, the Magistrate otherwise directs.

2.

It is not the case of the State that the proceedings initiated under the impugned notice is completed. It is also not the case of the State that the concerned Magistrate has directed patilsr 1 / 2

otherwise by recording special reasons therefor. 3.

In above circumstances, the chapter proceedings initiated under the impugned notice stand terminated. Petition is allowed in terms of prayer clause (a).

[A. M. BADAR, J.] [RANJIT MORE, J.] patilsr 2 / 2