SWAPAN BHAKTA PETITIONER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS petition has been filed for quashing the proceeding being Case No. 1(7)91 under section 302 of the I.P.C. pending in the court of the learned Additional Sessions Judge, 1st Court, Howrah.

(2.) THE petitioner Swapan Bhakta was arrested by the police on 1.2.1988 in connection with Golabari, P.S. Case No. 1 dated 1.2.1988 under section 302, I.P.C. and was produced in the court of the learned Sub -Divisional Magistrate, Howrah. On 1.8.1990, the date fixed for submission of report, the I.O. prayed for time to complete the investigation and the learned Sub Divisional Magistrate Howrah allowed the same till 25.1.1991. On 25.1.1991 no report was submitted by the I.O. nor any prayer for extension of time to complete the investigation was made and the learned Magistrate on that date i.e. on 25.1.1991 passed an order that "Accused Swapan Bhakta is on bail to 25.6.1991 for I.O.s report". On 14.3.1991 Charge -sheet was submitted against the petitioner and cognizance was taken. Thereafter the case was committed to the Court of Session, Howrah.

(3.) ON 2.4.1993 the petitioner filed an application stating that cognizance taken on the basis of the charge -sheet submitted in violation of the provisions of section 167(5), Cr.P.C. was bad in law and the petitioner was entitled for discharge. The learned Additional Sessions Judge rejected the same. The petitioner has, therefore, come for quashing the proceeding.