STATE OF TRIPURA Vs. NIRANJIT SINGH

JUDGEMENT

(1.) This revision is directed against the order dated 10-12-84 of the learned Judicial Magistrate, North Tripura Kailashahar, in case No. G.R. 21 of 1984 by which the learned trial court accepted the contention of the learned counsel for the accused that in view of the provisions contained in sub section (5) of section 167 of the Code of Criminal Procedure, for short, TCr. P.C. the trial could not proceed as the accused persons were arrested more than six months prior to the submission of the charge-sheet by police.

(2.) Briefly stated, on 10-1-84 the vehicle bearing Registration No. T.R.G. 233 was driven in a rash and negligent manner and dashed against a woman causing grievous hurt. The police after investigation submitted charge-sheet under relevant sections of the I.P.C. and the Motor Vehicles Act against two accused/opposite parties In view of the order passed by the learned trial court, State has filed the present petition.

(3.) Mr. Deb, learned Public Prosecutor has fairly submitted all the relevant decisions of different High Courts regarding interpretation of section 167(5) Cr. P.C. and further submits that as the said section is not mandatory the order of the learned trial court is liable to be set aside.