Section 4 in The Code Of Criminal Procedure (West Bengal Amendment) Act, 1988
4. Amendment of section 167. -
In section 167 of the principal Act,-(a)for sub-section (5), the following sub-section shall be substituted:-"(5) If, in respect of -(i)any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or(ii)any case exclusively triable by a Court of Session or a case under Chapter XVIII of the Indian Penal Code, the investigation is not concluded within a period of three years, or(iii)any case other than those mentioned in clauses (i) and (ii), the investigation is not concluded within a period of two years,from the date on which the accused was arrested or made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the periods mentioned in this sub-section is necessary.";(b)in sub-section (6), after the words "any order stopping further investigation into an offence has been made", the words "and the accused has been discharged" shall be inserted.
