SHAKTRI SADHAN MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) WE are speaking through different judgments, but not in different voices. My two learned brothers are delivering different, but not differing, judgments. On the whole, we are unanimous and my judgment has the concurrence of both of my learned brothers, Batabyal and Bhattacharyya JJ. Now to the matter.

(2.) BY the Code of Criminal Procedure (West Bengal Amendment) Act, 1988, which has come into force on and from the 2nd May, 1989, a new sub-section (5) has been substituted for the original sub-section (5)of section 167 of the code of Criminal Procedure, 1973. That new sub-section, substituted by the west Bengal Amendment Act as aforesaid. runs as hereunder

(3.) TWO question that have arisen for consideration by this Special Bench are (i) whether the aforesaid sub-section (5) has retrospective operation and would govern all investigations initiated before the commencement of the said sub-section and (2) whether, taking cognizance of an off ice on the basis of any investigation continued and a charge-sheet submitted beyond the period specified in that sub-section and the trial thereafter, without any order from the Magistrate for the continuation of investigation beyond the period, are bad and void.