LALMEN GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Section 482 of the Cr.P.C. is directed against the order dated 16-08-2010 passed by the 3rd Additional Sessions Judge, F.T.C., Surguja (Ambikapur) in Criminal Revision No. 92/2010 whereby order dated 15-07-2010 passed by the Judicial Magistrate First Class, Ambikapur in Crime No. 123/2010 has been upheld.

(2.) Brief and necessary facts of the case for decision of the present case are that the applicants were arrested for alleged commission of offence under Section 306 read with Section 34 of the IPC by Police Station Darima under Crime No. 123/2010 and were produced before the Judicial Magistrate First Class, Ambikapur on 16-05-2010. Upon expiry of 60 days from the date of such arrest, an application under Section 167(2)(a)(ii) of the Cr.P.C. was filed by the applicants before the learned Magistrate for their release on the ground that the offence is punishable with imprisonment which may extend up to 10 years, challan ought to be filed within a period of 60 days and that having not been done, the applicants are entitled to be released. The said application was rejected vide impugned order dated 16-08-2010 by the learned Magistrate holding that as offence under Section 306 of I.P.C. is punishable with imprisonment which may extend up to 10 years, benefit of 167(2) of the Cr.P.C. could be availed only if, in case, charge sheet is not filed within 90 days.

(3.) The said order was challenged by filing revision before the Sessions Judge, Surguja, which has been dismissed vide impugned order dated 16-08-2010, wherein the Sessions Judge also held that as for commission of offence under Section 306 of the I.P.C., punishment of imprisonment may be imposed which may extend up to 10 years, benefit of Section 167(2) of the Cr.P.C. would be applicable only after expiry of period of 90 days and not 60 days.