NILADRI SHEKHAR BAJPAYEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482, Criminal Procedure Code in the following manner.

(2.) According to the report of the Constable-655, a motor-cycle bearing No. BHV-199 was driven in a very high speed, as a result of which it dashed against a cement pillar and all the three persons riding on that motor-cycle were thrown away. The driver of the motor-cycle sustained injuries. The police registered a case under Sections 279 and 337 Indian Penal Code. After investigation of the case, charge-sheet was submitted and the learned C. J. M., took cognizance of the offence on 23-6-79. This order of taking cognizance is being challenged in this application.

(3.) Mr. Tetarbe, learned counsel for the petitioner submitted that the whole prosecution case and the submission of the charge-sheet is bad in law as the investigation was not completed within the prescribed period of six months, under Section 167 (5) of the Criminal Procedure Code.