(1.) The petitioner-accused (hereinafter referred to as accused) by the instant Revisional Application under S.482 of the Code of Criminal Procedure, 1973 (hereinafter shortened into Code) has prayed the Court for quashing the relevant proceedings, being G.R. Case No. 968 of 1989, arising out of Belgharia P.S. Case No. 53 dated 16-3-89, before the learned Sub-Divisional Judicial Magistrate at Barrackpur on the ground of non-compliance of the amended provisions of S.167(5) of the Code in the facts and circumstances stated therein.
(2.) The aforesaid relevant case under S. 498A, I.P.C., was started by the Belgharia P.S. on an F.I.R. being lodged by the informant Krishna Dey on the allegations made therein against the accused, on the injured Parmita being found with burn-injury on 16-3-89 at about 8 a.m., caused by fire in the chamber of the latrine of the house of the accused persons. On the basis of the said F.I. R. the accused were arrested by the police on 16-3-89 and they were produced before the learned S. D.J. M. on the following day. Since the injured had died in the hospital in the meantime, S. 306, I.P.C., was added on the prayer of the I.O. The accused Labanya was thereafter released on bail on 17-5-89 and the accused Uday Bhanu was also released on bail on 10-6-89. The investigation of the relevant case had not been completed within a period of three years from the date of arrest of the accused, and is continuing without any order from the learned Magistrate under the amended S. 167(5) of the Code. It is contended by the petitioners that it was incumbent upon the Magistrate to make an order for stopping further investigation in the relevant case and discharge them, in the aforesaid circumstances, which he did not do. Hence the instant Revisional Application for quashing the relevant proceedings.
(3.) Certain provisions of the Code of Criminal Procedure, 1973, including Ss. 167 and 245, have been amended by the Code of Criminal Procedure (West Bengal Amendment) Act, 1988. The assent of the President was first published in the Calcutta Gazette, Extraordinary Part III, No. 548-L, dated 143-89. The aforesaid Amendment Act had come into force on and from 2nd day of May, 1989 under the relevant Notification issued by the State Government to that effect.