KRISHNA @ KIRAN Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following relief:-

(2.) Mr. Nitin Bansal, learned Counsel appearing for the petitioner has stated that FIR in issue warrants quashing for the reason that after the registration of the said FIR, charge sheet has not been filed in the Court by the police within 180 days, as is the mandate of the provisions of Section 167 (2) of the Criminal Procedure Code. He insists that on account of said failure of the police, the FIR mandatorily has to be quashed by allowing this petition. No other point was urged.

(3.) Having heard learned Counsel for the petitioner as well as learned Additional Advocate General, in my considered view, this petition is completely mis-conceived. Section 167 of the Criminal Procedure Code envisages the procedure which has to be followed when investigation cannot be completed within the time period stipulated in Sub Sections thereof. It describes that if investigation is not completed within the time period stipulated therein, then what consequences shall ensue. It is nowhere provided in Section 167 of the Criminal Procedure Code that in case investigation is not completed within 180 days and investigation report is not filed by the police before the appropriate Court, then the FIR has to be quashed and this shall also be one of the consequence.