DILIP KUMAR ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this application filed under section 482 of the code of criminal procedure, the petitioner has come up before this court in its revisional jurisdiction against the order dated June 1991 passed by the learned Additional Sessions Judge, 6th court, Alipore in Criminal Motion No. 90/91 under sections 397/399 of the code of Criminal Procedure arising out of an order dated 2nd January 1991 passed by the learned Sub Divisional Judicial Magistrate at Alipore in G.R. Case No. 2068/87 corresponding to Bhowanipore P.S. Case No. 329 dated 10.7.1987 under sections 467/468/471/420 of the Indian Penal Code.

(2.) The facts of the proceeding in brief are that the Branch Manager of the Bank of Madura, Bhowanipore Branch lodged it complaint on 10.7.1987 with Bhowanipore police station alleging inter alia that the accused petitioner before me being the Clerk of the said Bank forged the Register of the said Bank between the month of February and March 1987 on three occasions and misappropriate a sum of Rs. 30,000/- and cheated the Bank in respect of the aforesaid money. On the basis of the said complaint a case was registered and numbered as 329 dated 10.7.1987 under sections 467/468/471.420 of the Indian Penal Code and subsequently the case was sent to the court of the learned Sub Divisional Judicial Magistrate, Alipore subject to the Submission of the report in the final form. The accused petitioner was arrested on the same day i.e. on 10.7.1987 and was released on bail on the following day.

(3.) As per amendment of section 167(5) of the code of Criminal procedure by the West Bengal Amendment Act 24 of 1988 the Investigating Officer is to conclude the investigation of a case falling under chapter XVIII of the Indian Penal Code within a period of three years and if period investigation is not concluded the Magistrate shall make an order stopping further investigation. In the case in hand the Investigating officer could not conclude the investigation within a period of three years and on 2nd January 1991 the Investigating Officer prayed before the Learned Sub Divisional Judicial Magistrate, Alipore for extension of time. But the learned Sub Divisional Judicial Magistrate rejected the prayer as he aid not find-any merit in it. He relied upon the provision of section 167(5)(iii) of the code of Criminal Procedure, State Amendment. He stopped further investigation and discharged the accused against that order passed by the learned Sub Divisional Judicial Magistrate, the State did not come up before any higher Court in revision. However, the defacto complaint defacto complainant moved a revisional application under Sections 397/399 of the Code of Criminal Procedure before the Learned Additional Sessions Judge, the Court Alipore. By the order impugned dated 11.6.199 1 the learned Additional Sessions Judge allowed the application, set aside the order of discharge of the accused and directed the Investigating Officer to continue the investigation and to submit report in the final forum within two months from the date of communication of the order to the Investigating Officer. Hence, this application before this Court by the accused petitioner.