T. K. Sulaiman v. The State Of Maharashtra And ORS

19 WP 3219 OF 2014.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3219 OF 2014 T. K. Sulaiman .... Petitioner.

V/s.

The State of Maharashtra and 2 ors .... Respondents Mr. Arun Panickar, for the Petitioner.

Mrs. G. P. Mulekar, APP for the Respondent State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 16TH NOVEMBER, 2016.

P.C. :

1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

This petition is filed under Article 226 of the Constitution of India, challenging the order dated 11th July, 2014, passed by respondent No.2 for initiation of chapter proceeding against petitioner. 3.

Admittedly period of six months is expired from the said date. Hence in the light of provision under Section 116(6) of the Code of Criminal Procedure, 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 proceeding under this Chapter shall, 1/2

19 WP 3219 OF 2014.doc on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing by the Magistrate otherwise directs: 4.

In this view of the matter, Chapter Proceeding stand automatically terminated.

5.

Needless to state that the petitioner is always at liberty to approach appropriate authority.

6.

Subject to above, petition is dismissed.

[DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 2/2