BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition Under Section 482 Cr. P. C. is directed against the order dated October 29, 1980 of the Judicial Magistrate No. 1, Jodhpur, taking cognizance against the petitioner Under Section 4 (2) Rajasthan Prohibition Act, 1969 (hereinafter referred to as the Act ). The controversy relates to the interpretation of Section 167 (5) of the Cr, P. C.

(2.) THE relevant facts are these. For an alleged offence Under Section 4 (2) of the Act the petitioner was arrested on 28-1-1979. However, the charge-sheet was not filed within six months from the date of arrest and it further appears that the investigation had not been completed. The petitioner moved an application in the court on 16-10-80 with a prayer that he be discharged because the investigation had not been completed' within six months. This application was ordered to be listed for arguments on 29-10-1980. On that date no order was passed on this application as a charge-sheet was then filed and the Magistrate took cognizance of the offence.

(3.) IT is argued by the learned Counsel for the petitioner that provisions of Section 167 (5) are mandatory and the Magistrate should have stopped the investigation in the case because the officer making the investigation did not satisfy the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the period of six months was necessary, it is further argued that the investigation should be deemed to have been stopped even without a specific order by the Magistrate because the law enjoins upon the Magistrate that he shall make an order stopping further investigation into the offence as the officer making the investigation did not move an application before the Magistrate for continuation of the investigation. On the other hand the learned Public Prosecutor contended that provisions of Section 167 (5) Cr. P. C. were not mandatory and in any case any illegality committed during the investigation would not affect the taking of the cognizance. I have considered the rival contentions carefully.