DURGESH CHANDRA SAHA Vs. BIMAL CHANDRA SAHA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18th March, 1993, passed by a single Bench of Calcutta High Court in Criminal Revision No. 1238/92. By the impugned order, the learned Judge of Calcutta High Court inter alia came to the finding that in view of amendment of S. 167(5) of the Code of Criminal Procedure by the West Bengal Amendment Act 24 of 1988), the investigation of the entire case was required to be stopped by the trial Court after expiry of three years from the first date of appearance of the accused and the Court had also a duty to discharge all the accused after expiry of the said period of three years.

(2.) For the purpose of appreciating the rival contentions of the learned counsel appearing for the parties some of the events may be noted. On the 15th March, 1984, a complaint was lodged by the appellant in Gaighta police station, North 24 Paragans, West Bengal and on such complaint a police case No. 11 of 15th March, 1984 was initiated. On 8th February, 1988, the investigation was completed by the police and charge sheet was filed under Ss. 148/149/307/326/302 of IPC against the respondents Nos. 1-10 in the said case being numbered as G.R. Case No. 205 dated 15-5-1984. On 23rd of July, 1986 the learned Sub-Divisional Magistrate Bongaon took cognizance of the said offences in G.R. Case No. 205 of 1984. On 2nd May, 1989, S. 167(5) of Cr. P.C. was amended by the West Bengal Amendment Act, 24/88, Such amendment Act got the President's assent and the amended provision were enforced with effect from 2nd May, 1989.

(3.) Sub-section (5) of S. 167, Cr. P.C. as amended by the said West Bengal Act may be stated as hereunder:-