VICKY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this revision under Sec. 397/401 of the Code of Criminal Procedure, the applicant has challenged the validity of the order dtd. 22/1/2022 passed by learned Special Sessions Judge, district -Rewa whereby application under Sec. 167 (2) of the Code of Criminal Procedure has been dismissed.

(2.) Learned counsel for the applicant submits that the Court below has committed gross error in dismissing the application under Sec. 167 (2) of the Code of Criminal Procedure ignoring the mandatory provision of Sec. 173 (1-A) of the Code of Criminal Procedure. It is further contended that the investigation for offence under Sec. 376 should be completed within sixty days. It is further contended that the applicant was arrested on 14/11/2021 but as the charge-sheet was not filed by the police within sixty days, the applicant filed an application under Sec. 167 (2) of the Cr.P.C.

(3.) Heard learned counsel for the parties and perused the impugned order.