AYESHA BANO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking inherent jurisdiction of this court, the petitioners three in numbers namely; Ayesha Bano, Zubair Hussain and Dheeraj Sao have filed this petition under Section 482 of Cr.P.C. questioning the legality, validity and correctness of impugned order dated 25.05.2 014 by which the Sessions Judge has declined to interfere with the order passed by trial magistrate granting application under first proviso to sub-Section (2) of Section 43-D of the Unlawful Activities (Prevention) Act, 1967 (henceforth 'the Act, 1967').

(2.) The petitioners are facing trial for commission of offences punishable under Section 3, 13,17 and 40 of the Act, 1967, and also under Sections 420,467,471 and 120-B of the IPC in connection with Crime No.567/2013 registered at Police Station Khamtarai-Raipur, District Raipur.

(3.) The jurisdictional police could not complete the investigation of aforesaid offences against the petitioners herein within the stipulated time of 90 days and, therefore, an application was made on behalf of prosecution under Section 43 D (2)(b) of the Act, 1967, for extension of time indicating progress of investigation and assigning the reasons for detention of the petitioners/accused beyond the said period of 9 0 days and sought further time to complete the investigation and to file charge sheet.