Calcutta High Court (Appellete Side)
Pranab Kumar Koley @ Pranab Koley vs The State Of West Bengal & Anr on 30 January, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
In the High Court at Calcutta Criminal Revisional Jurisdiction Appellate Side Present:-
The Hon'ble Mr.Justice Ashim Kumar Roy C.R.R.No.3676 of 2014 Pranab Kumar Koley @ Pranab Koley Vs. The State of West Bengal & Anr.
For the petitioner. : Mr.Arunabha Maitra.
Heard on: December 10, 2014 Judgement on: January 30, 2015.
Ashim Kumar Roy, J:-
The petitioner, who has been arraigned as accused in connection with Kalyani Police Station Case No.161 of 2014 under sections 363/366A /120B/34 IPC, has approached this court for quashing of the said FIR.
Investigation is still continuing and no report in final form has been submitted.
The learned counsel for the petitioner with reference to the provision of sub-section (2) of section 167 CrPC submitted that the police is duty bound to submit charge sheet within 90 days and now from the date of registration of the FIR, already 90 days has been expired long back.
This court does not find any substance in the submission of the learned counsel of the petitioner. This submission is totally misconceived and misreading of law. The provision of sub-section (2) of section 167 CrPC only provides that if no charge sheet is submitted within 90 days, in a case where the offence involves, is punishable exceeding ten (10) years, the court concerned shall lose its authority to remand the accused to custody and the said provision has nothing to do with the matter as regards to the period within which the investigation is to be completed.
On the other-hand, according to the West Bengal Amendment to sub- section 5 of section 167 CrPC, in any case other than those which are triable as summons case or exclusively by a court of sessions or a case under Chapter XVIII of the Indian Penal Code, if not investigation is concluded within a period of
2 years the accused may approach the Court for his discharge. Now, by judicial pronouncement, it has been laid down that such discharge is not automatic and what would be the fate of such prayer of discharge has also been laid down.
This criminal revisional application has no merit and, accordingly, stands dismissed and disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties at an early date.
(Ashim Kumar Roy, J.)