LAWS(ALL)-1991-5-57

SOHAN LAL Vs. STATE OF U P

Decided On May 21, 1991
SOHAN LAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) B. P. Singh, J. This is an application in revision against the order dated Jan. 2,1990 passed in Crime No. 1093 of 1989 under Sections 306/458-A, IPC, Police Station Colonel-ganj, district Allahabad.

(2.) THE applicant was arrested by police of the Police Station Colonelganj on 22. 10. 1989 in connection with the Crime No. 1093/89 under Sections, 306, 498-A I. P. C. THE applicant was sent to Jail lock up on 22. 10. 1989. Since more than 60 days had passed and the police had not completed the investigation in the case an application under Section 167 (2), Cr. P. C. was moved by the applicant for enlarging him on oail. THE learned Chief Judicial Magistrate rejected the application of the applicant because he was of the view that the charge-sheet in the case concerned could be filed within 90-days.

(3.) IT is not disputed that the applicant was sent to jail on 23rd October, 1989. An application was moved on his behalf under Section 167 (2), Cr. P. C. after 60-days on the ground that the period of 60-days was over and the police had not completed the inves tigation by that time.