MANOJ KUMAR TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been preferred by the Petitioner assailing the order dtd. 2/2/2016 passed by the Additional Sessions Judge (F.T.C.), Janjgir, District Janjgir-Champa, in Criminal Revision No. 02 of 2016.

(2.) Vide impugned order dtd. 2/2/2016, the Revisional Court has uphold the order dtd. 4/11/2015 passed by the Chief Judicial Magistrate, Janjgir in Criminal Case No. 1048 of 2013 rejecting the application filed by the present Petitioner under Sec. 61(2) of the Chhattisgarh Excise Act ('the Act' in short).

(3.) Case of the prosecution in brief is that the present Petitioner is an accused for an offence under Sec. 34(a) and 34(2) of the Act. An investigation was conducted and a criminal case, i.e., Criminal Case No. 1048 of 2013, has been instituted against the Petitioner for the offence under Sec. 34(2) of the Act. The Petitioner was arrested on 17/6/2013. That as per the provisions of Sec. 61(2) of the Act, charge-sheet in the instant case ought to had been filed within a period of six months from the date of arrest, however, according to the Petitioner, there is a delay of about two days in the filing of the charge-sheet beyond six months time and, therefore, the Petitioner is entitled for the benefit as is enshrined under Sec. 61 (2) of the Act.