STATE OF KARNATAKA Vs. SHIVANAND SHANKARAPPA KULLI

JUDGEMENT

(1.) Though this matter has come up for admission, as both sides are represented, the matter is treated as admitted and heard on merits.

(2.) The P.S.I., Banahatti Police Station has filed acharge-sheet against the respondent for an offence punishable under Section 3 read with Section 7 of the Essential Commodities Act. The offence is alleged to have been committed on 21-1-1991. On the same day, the accused-respondent was apprehended and produced before the court. The charge-sheet was filed on 14-8-1991. During the course of the proceedings, the learned Special Judge having found that the charge-sheet had not been filed within six months from the date of the arrest of the accused, relying on the decision of a Division Bench of this Court in State of Karnataka v L.N. Chakrapani, stopped further proceedings under Section 167(5) read with Section 258, Cr. P.C.

(3.) The main contention of the learned State Public Prosecutoris that, in view of the decision of the Supreme Court in State of West Bengal v Falguni Dutta, the Special Judge could not have stopped the proceedings only on the ground that the charge-sheet had not been filed within six months from the date of the arrest of the accused. The Supreme Court in the above decision has held that there is nothing in Section 167, Cr. P.C. to suggest that if the investigation has not been completed within the period allowed by that sub-section, the officer in-charge of the police station will be absolved from the responsibility of filing the police report under Section 173(2) of the Code. The Supreme Court has in that case approved the observations of the High Court of Andhra Pradesh which are as hereunder: