LAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Lal Singh has filed this revision petition against State of Punjab under Section 397 Cr.P.C. challenging the order dated 02.01.2014 passed by learned Judge, Special Court, Sangrur, whereby the application filed by the petitioner under Section 167(2) Cr.P.C. was dismissed.

(2.) LEARNED counsel for the petitioner contended that the petitioner was arrested on 26.06.2013. When the prosecution failed to present the challan within 180 days, the petitioner moved application under Section 167(2) Cr.P.C., which was dismissed on the ground that on 18.12.2013, the prosecution has already moved the application for extension of time for presentation of challan and the same was allowed on the same day by extending the time. Learned counsel for the petitioner further contended that no notice of the application was given to the accused -petitioner.

(3.) LEARNED State counsel contested the petition.