STATE OF PUNJAB Vs. AMAR SINGH

JUDGEMENT

(1.) This judgment will also dispose of Criminal Appeal No. 75/ DBA of 1986.

(2.) The sole controversy involved in Criminal Appeal No. 98/DBA of 1986 and Criminal Appeal No. 75/DBA of 1986 is whether the provisions of Section 167(5) of the Code of Criminal Procedure, 1973 vitiate the trial in a summons case if the investigation is not concluded within a period of six months from the date of arrest of the accused and no permission is taken from the Court for extending the period of investigation.

(3.) In Criminal Appeal No. 98/DBA of 1986, a case under Sections 279/337 and 427 of the Indian Penal Code was registered against Amar Singh, respondent on 25-9-1984. Admittedly, the investigation of that case was not completed within a period of six months. Similarly, in Criminal Appeal No. 75/DBA of 1986, a case under Section 304-A of the Indian Penal Code was registered against Baldev Singh, accused-respondent on 1-1-1984. In this case also, the prosecution failed to file any charge-sheet or complete the investigation within a period of six months without obtaining any order from the Court.