NIZZU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Single Judge under his order dated 22nd April, 1993 requested the Honourable Chief Justice to constitute a larger bench for determination of the point of law which, according to him, arises in the present case. The point of law referred by the learned Single Judge reads as under:-

(2.) In view of the aforesaid conflict in the decisions of this Court, the learned Single Judge has made the reference to us.

(3.) It was contended by the learned counsel for the petitioner in support of the view taken by this Court in the cases, including the case of Beni Madhav (supra) that the process of investigation within the of Sec. 167 Code Criminal Procedure can be said to have been 4 completed only when not only the report under Sec. 173 Code Criminal Procedure is submitted by the Investigating Officer but has also been examined by the Magistrate and the Magistrate has passed appropriate order on the said report. The learned Judge said that the power to authorise the detention of an accused person under Sec. 167 Code Criminal Procedure is available not only till the filing of the report by the police but till the time the Magistrate examines the said report and has passed appropriate order on the same under Sec. 190 and the proviso to sub-Section (2) of Sec. 167 Code Criminal Procedure would be attracted and the accused would be entitled to be released on bail if the Magistrate has failed to take cognizance of the offence under Sec. 190 within the period prescribed in the said proviso irrespective of the fact that the police had filed the challan in the court before the expiry of the period prescribed in the proviso.