DURGESH CHANDRA SAHA versus BIMALCHANDRA SAHA & ORS.

DURGESH CHANDRA SAHA versus BIMALCHANDRA SAHA & ORS.

Section 167(5) of the Cr.P.C., as amended by the West Bengal Act, requires stopping investigation and discharge only when the investigation is not completed within the prescribed period; where investigation is completed and a chargesheet filed, this provision is not applicable.

Parties
Appellant/complainant: Durgesh Chandra Saha; Respondents/accused: Bimalchandra Saha & Ors.; Respondent/state: State of West Bengal
Jurisdiction
India
Judgment Date
23 November 1995
Procedural Posture
Criminal Appeal / Appeal From Judgment in Criminal Revision by Calcutta High Court
Outcome
Appeal allowed; impugned High Court judgment set aside.
Legal Topics
Interpretation of Criminal Procedure Code Section 167(5) as Amended by West Bengal Act, Discharge of Accused for Delay in Investigation, Right to Personal Liberty
Criminal Law Criminal Procedure Interpretation of Criminal Procedure Code Section 167(5) as Amended by West Bengal Act Discharge of Accused for Delay in Investigation Right to Personal Liberty

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Parties

Durgesh Chandra Saha

Appellant/complainant

Bimalchandra Saha & Ors.

Respondents/accused

State of West Bengal

Respondent/state

Procedural Posture

Criminal Appeal / Appeal From Judgment in Criminal Revision by Calcutta High Court

Legal Issues

  1. 1 Whether section 167(5) of the Criminal Procedure Code, as amended by the West Bengal Amendment Act, requires discharge of accused and stoppage of trial where investigation was already completed and chargesheet filed after expiry of three years from the accused’s first appearance.

Ratio Decidendi

Section 167(5) of the Cr.P.C., as amended by the West Bengal Act, requires stopping investigation and discharge only when the investigation is not completed within the prescribed period; where investigation is completed and a chargesheet filed, this provision is not applicable.

Court Disposition

Appeal allowed; impugned High Court judgment set aside.

Orders

  • Trial Court directed to expedite the hearing of the Criminal Case.