BABULAL AGARWALLA Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the order dated April 2, 1986 passed by the Second Special Judge, Calcutta by which the learned Special Judge set aside the previous order dated 29th November, 1985 stopping further investigation under section 167(5) of the Code of Criminal Procedure and discharging thereby the accused persons in G.R. Case No. 535 of 1985. Facts are briefly as follows : On March 2, 1985 the petitioner No. 1 had been arrested for having committed an offence punishable under section 7(1)(a)(ii) of the Essential Commodities Act for alleged violation of paragraph 3 of the West Bengal Declaration of Stock and Prices of Essential Commodities Order 1977 and also the provisions of the West Bengal Imported Vegetable Oil (Prohibition of Unauthorised Sales) Order, 1984. On September 2, 1985 the Investigating Officer filed an application under Section 167(5) of the Criminal Procedure Code praying for extending the time for investigation beyond the statutory period of six months from the date of the arrest of the petitioner. The learned Judge fixed November 29, 1985 for hearing of the said application.

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(3.) By the order dated November 29, 1985, the learned Judge rejected the prayer of the Investigating Police Officer for extending the time to complete the investigation and dropped the case and discharged the accused petitioners from bail bonds. On December 10, 1985, K. Patra, Sub Inspector being the Investigating Officer filed an application for recalling the order dated November 29, 1985 discharging the petitioners from the said case and the learned Judge dismissed such application. On January 7, 1986 the State of West Bengal, through the Public Prosecutor filed an application before the learned Judge praying for recalling and setting aside the order of discharge passed by the learned Judge on November 29, 1985. The learned Judge by the April 2, 1986 order, set aside the earlier order discharging the accused and the Investigating Officer was permitted to investigate the case within a month. Being aggrieved the present revision has been filed.