BIMAL CHANDRA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -This revisional order is directed against an order passed by the Second Additional District Judge, Barasat, in Sessions Case 14-6-91. The case originally started on the basis of Gaighata P.S. case No. 11 dated 15.3.84 (G.R. case No. 205/84) under sections 148/149/307/325/302 I.P.C.). There were several accused persons and they were either arrested or voluntarily surrendered before the S.D.J.M., Bongaon on different dates. After investigation the police submitted charge sheet against all the accused persons on 8.3.88. Cognizance of the offence was taken by the Learned S.D.J.M., Bongaon, on 23.7.88 and the case was committed to Court of Sessions and subsequently transferred for disposal before the Second Additional Judge, Barasat.

(2.) In the meantime the accused persons filed an application under section 167(5) Cr. P.C., as amended in the State of West Bengal by Act 24 of 1988 demanding that the statutory period for the submission of the chargesheet fixed under the aforesaid section having expired the Magistrate should have stopped further investigation in the case. It was accordingly prayed that further proceedings of the case in the Sessions Court should not be continued. The learned Sessions Judge after considering the submission made by the different accused persons and after reviewing the scope of section 167(5), Cr. P.C. held that there was nothing wrong in taking cognizance of the offence by the Learned S.D.J.M. in the circumstances of the case. He accordingly rejected the prayer of the accused and ordered that the accused persons must face trial in the Sessions Case.

(3.) None appears for the Opposite Party (State) although notice was duly served and relevant affidavit of service filed.