LAWS(DLH)-1984-2-19

RAJ SINGH Vs. STATE

Decided On February 21, 1984
RAJ SINGH Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) F.I.R. in this case was lodged on 26-5-1978 for offences under Sections 279, 337 and 338 Indian Penal Code . The accused appears to have been arrested the same day. But the challan was filed on 15-11-1979. The accused was summoned on 7-3-1980. Since the M.L.C. filed with the challan did not disclose the nature of the injuries the challan was returned on 19-9-1980 to the SHO directing him to further investigate the case. The challan was again put up on 26-11-1981, by the SHO with the report that the duplicate of the MLC was not available, but Dr. Anil Gupta had deposed in the accident claims case that Dr. Arun Goel had found multiple fractures on various parts of the body of the injured. Thereupon, the accused was again summoned and the case stood for proceedings under Section 251 Cr. P.C. It was contended then before the learned Magistrate that ;-

(2.) The learned Magistrate by his order of 27-1-1983 held that neither the investigation nor the charge sheet filed in the case on 15-11-1979 was incomplete and the court had taken cognizance on 15--11-1979. Once the court takes cognizance, it shall continue until the decision of the case. In that view of the matter. Section 468 Cr.P.C. was not attracted. He rejected the contention.

(3.) An application was then moved on 12-5-1983 under Section 258 Cr. P.C. praying that the investigation was required to be stopped under Section 167(5) Cr. P.C. after expiry of six months from the date of arrest of the accused if the investigation is not concluded within that period, and where the investigation continues after expiry of the said period and the court takes cognizance of a case instituted on such investigation, such cognizance is bad in law. The accused should be discharged. The learned Magistrate rejected the application. Hence, the present petition.