LAXMAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) ACCUSED persons in G.R. Case No. 1707 of 1999 of the Court of Sessions Judge -cum -Special Judge, Sundargarh have challenged legality and correctness of the order dated. 24.8.2000.

(2.) THE undisputed fact is that petitioners have been arrayed as accused in the aforesaid G.R. Case where the offences complained are Under Section 7 of the Essential Commodities Act, 1955 and Under Section 420,1.P.C. when the investigation could not be completed within a period of six months from the date of arrest of the petitioners, an application under Sub -section (5) of Section 167, Cr.P.C. was moved before the Special Judge to issue direction to stop further investigation. That application was rejected on the ground that offence Under Section 420, I.P.C. being punishable with imprisonment for seven years and fine, the provision in Sub -section (5) of Section 167, Cr.P.C. may not be applicable in this case.