Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 1434 - HC - Indian LawsSeeking condonation of delay of 12 days in preferring the present revision petition and 66 days in re-filing the petition - Section 5 of Limitation Act read with Section 482 of Cr. P.C. - HELD THAT:- In present case, the factual position emerges that the accused was arrested on 29.10.2014 and the charge sheet was filed before the court on 26.12.2014. On perusal of the charge sheet, the court finding that certain aspects were incomplete due to incomplete investigation, the Investigating Officer was directed to further investigate into the matter and the charge sheet was returned for the purpose of filing the charge sheet after completing the investigation on all aspects. Undisputedly, Section 167(2) Cr. P.C. precludes the concerned Magistrate to have the custody of the detenue beyond 60 days until he receives the charge sheet under Section 173 Cr. P.C. to adjudicate upon the same. In the present case, accepting an incomplete report on 26.12.2014 and returning the same on account of incomplete investigation on certain aspects, and making the accused disentitled for benefit under Section 167(2) Cr. P.C. is an apparent abuse of law - this court is of the considered opinion that charge sheet filed within statutory period of 60 days ought to be complete to enable the concerned Magistrate to adjudicate and not an incomplete charge sheet to infringe upon the right of the accused to be released on bail. The order passed by the learned Magistrate whereby the accused was not granted bail is not sustainable in the eye of law and order passed by learned Additional Sessions Judge deserves to be upheld - petition dismissed.
|