(1.) Heard.
(2.) Before adverting to the issue involved, let me state the brief facts as alleged in the petition:-
(3.) Accused Rajeev Sharma on 14.11,2020 had moved a petition under Section 167(2) Cr.P.C in the Court of learned CMM/Ld Duty Magistrate to release him, on the ground that 60 days period having expired since his arrest and charge sheet not been filed by the State, thus, relying upon the judgment of Supreme Court of India, in the case of "Rakesh Kumar Paul vs. State of Assam". The said petition was dismissed by the Court saying the limit of 60 days period has not yet expired;