NARAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been directed against the order dated 26th August, 1986 passed by the Munsif and Judicial Magistrate, Khetri.

(2.) BRIEF facts of the case are that the FIR was lodged against the petitioner under Section 354 -II on 7 -9 -1985. The petitioner was arrested on 26th November 1985 and he was also bailed out. Charge sheet against the accused was filed on 11 -6 -1986. The petitioner moved an application under Section 167(5) Cr PC with the prayer that the charge -sheet has been filed beyond the period of six months from the date of his arrest and in view of the provisions of Section 167(5) no case can be registered and proceeded. The submission of the petitioner was rejected.

(3.) MR . Gupta has further cited before me the case of Calcutta High Court in Jay Shanker Jha v. State 1982 Cr LJ 744. Their Lordships held as under: