BHAGWANDASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY these applications Under Section 482, Cr. P.C., the three accused persons have invoked the inherent jurisdiction of this court to quash the proceedings in the criminal cases pending against them in the Court of the learned Judicial Magistrate (1), Jodhpur for offence Under Section 4(2) of the Rajasthan Prohibition Act, 1969 (here in after to be referred as the Act).

(2.) SINCE the revision applications of the accused persons were disposed of by a common judgment by the learned Additional Sessions Judge (2), Jodhpur, the applications were heard together and are disposed of by a common judgment. It may also to mentioned that the points involved in these cases are identical.

(3.) LEARNED Counsel appearing for the accused petitioners contended vehemently that in view of the mandatory provisions of Section 167(5), Cr. P.C. the investigation in a summons case came to an end on the expiry of six months from their arrest. No order to continue the investigation after the expiry of six months was passed by the Magistrate. As such the investigation, having come to an end, no challan could be submitted against them and consequently they could not be tried. Reliance in support of the contention was placed on Section 67(5), Cr. P C. and Prabhu v. The State of Rajasthan 1983 RLW 272. In reply, the prosecution made every attempt to justify the impugned orders and the actions of the Courts below.