About time barred u/s 107 ipc
Rajesh Nath Goswami
(Querist) 20 October 2012
This query is : Resolved
Dear Sir,
A case was filled U/s 107 IPC at SDM Court on 07/12/2011 and the court proceed it only on 2nd party members and issued a notice to appear on 24/12/2011, all the party members are appeared in the court on 24/12/2011. Before the completing six months 1st party pray to the court for time extension because that time the witnesses are going on therefore or any other reason court accept the pray and give 4 months extension but in the mean time various time the court was not held but the 1st party complete the witness process and 2nd party's advocate also cross the witness.On 19/10/2012 first party pray to the court for 2nd extension of 2 months but the court was not held from 19/10/2012 to today, and 24/10/2012 is last date after of 1st extension after that the case will be time barred and in between i.e. 20, 21, 22,23 and 24/10/2012 is holiday of Durga Puja. What will I do for this case if 2nd extension is not grant or time barred.
If any possibility then guide me because all eye witnesses of this case, true the allegation of first party
If possible kindly assist me.
Nadeem Qureshi
(Expert) 22 October 2012
Dear Querist
107 is not from IPC it's Cr.PC
Section 107 in The Code Of Criminal Procedure, 1973
107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1[ with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
Raj Kumar Makkad
(Expert) 02 December 2012
I do agree with the advice of Nadeem who has covered all aspects of the query.
