ROBIN CH KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 7.1.1981 passed by Sri R. K. Kar, Sessions Judge, Hooghly affirming the order dated 5.11.1980 passed by Sri B. N. Sammaddar Sub divisional Judicial Magistrate, Serampore, Hooghly, taking cognizance of the offence in G. R. Case No. 510 of 1980 under sections 341/447/323/ 506 Indian Penal Code. The facts are briefly as follows:

(2.) The present petitioners were accused in a summons case which arose out of the Serampore P. S. Case No. 54 dated 22.4.1980. They were arrested by the police on 22.4.1980 and were produced before the learned Magistrate on 23.4.1980 on which date they were granted bail. The petitioners were accused in a case, which was triable under the summons procedure. The Investigating Police Officer, from time to time, prayed for time to submit the final report. Last such prayer for submitting the final report was made on 7.10.1980. On that date as the Investigating Officer prayed for further time as the injury report had not yet been received by him, the learned Magistrate fixed 4.11.1980 for Investigating Officer's report in final form and appearance of the accused persons. The charge-sheet was submitted on 4.11.1980. The present petitioners filed an application under section 167(5) of the Criminal Procedure Code before the learned Magistrate before the filing of the charge sheet submitting that as the accused persons had been arrested on 22.4.1980, the investigation had to be completed in this case by 21.10.1980, and that as the charge-sheet had not been filed within a period of six months from the date of arrest of the present petitioners the mandatory provisions of sub-section (5) of section 167, Criminal Procedure Code has been violated and the accused petitioners are entitled to be discharged.

(3.) The learned Magistrate appears to have taken the view that as he had allowed the Investigating Officer time to submit the charge sheet by 4.11.1980 on 7.10.1980, there was extension of time granted by him till 4.11.1980 and when the charge-sheet had been submitted on 4.11.1980, it was filed within the time extended by him. Consequently, the learned Magistrate dismissed the application of the present petitioners and took cognizance of the offence against the petitioner on the basis of the charge sheet submitted.