HANUMAN BOX AGARWALLA Vs. GIRISH CHANDRA GOGOI

JUDGEMENT

(1.) A case was registered against opposite parties Nos. 1 to 5 under Sections 447/448/323 read with Section 34 IPC. This was pursuant to a first information report lodged on 27-11-79. The accused persons came to be arrested on 2-12-79 and 27-12-79. On charge-sheet being submitted on 18-11-80, the accused persons faced their trial and the learned trial Court held the accused persons guilty under the aforesaid Sections of law. But then the accused were acquitted because of what has been laid down in Section 167(5) of the Cr. P.C. The acquittal order has been assailed by the complainant in this revision.

(2.) The revision came up for hearing before a learned single Judge (Homchoudhuri, J.) before whom the decision rendered by another learned single Judge of this Court (Phukan, J.) in State of Tripura v. Niranjit, (1987) 1 Gauhati LR 231 was relied on behalf of the accused persons. It has been held in Niranjit that where a charge-sheet is submitted beyond the period of 6 months after the arrest of the accused in a summons-case and no permission has been granted within 6 months for allowing continuance of investigation the entire proceeding is liable to be set aside.

(3.) Brother Homchoudhuri, J. however felt that the following questions arising out of the provisions contained in Section 167(5) need to be considered by a larger Bench : i) Whether the entire proceeding becomes without jurisdiction and nullity in case investigation in a summons-case is not completed and the charge-sheet is not submitted within a period of 6 months from the date of arrest of the accused unless the Investigating Officer making the investigation satisfies the Magistrate that for a special reason and in the interest of justice the continuation of the investigation beyond the period of 6 months is necessary ? ii) Whether the proceeding becomes without jurisdiction and nullity only because the charge-sheet was submitted after 6 months though investigation was completed within a period of 6 months from the date of arrest of the accused in a summons-case ? iii) Whether the proceeding is a nullity and Magistrate cannot take cognizance, if the investigation continues beyond 6 months of arrest of the accused although the part of investigation completed before expiry of 6 months make out a case for trial against the accused ?