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Documents citing Kalyan Kumar Das vs The State Of West Bengal on 13 July, 1998

Sunil Kumar Dubey vs The State Of West Bengal on 12 October, 2001

13. He has further submitted that in view of the Full Bench decision of this Court in Kalyan Kumar Das v. State of West Bengal and Textile Commissioner v. India Jute Industries Ltd., reported in 1998 C Cr Lr (Cal) 292 and the decision of the Apex Court in Nirmal Kanti Roy v. State of West Bengal and Ganesh Lal Mundra v. S. Dasgupta and Ors., reported in 1998 C Cr Lr (SC) 216, it has been established and the consequential order of discharge are not intended to be the automatic sequel to the failure to complete investigation within the period fixed in Sub-section 5 of the Code and it was further held that the time scheduled shown in Section 167(5) of the Code is not to be treated with rigidity and it is not that mandatory that on the expiry of the period indicated therein, the Magistrate should necessarily passed the order of discharge of the accused.
Calcutta High Court Cites 12 - Cited by 1 - Full Document

Lavpreet Singh Talwar vs State (Govt Of Nct Of Delhi) on 9 July, 2020

In this regard, reliance has been placed on the judgment of Hon'ble High Court of Calcutta passed by Justice B Panigrahi in Kalyan Kumar Das v. The State of West Bengal decided on 13.07.1998 wherein it has been held as under:­ It must be noted that the purpose of the subsection is to impose a time schedule for completion of investigation and such time schedule is to commence either "from the date of arrest of the accused or the date when he made his appearance in court". It is pertinent to notice that the period of time is not CR No. 776/2019 (Parveen Singh) Page No. 8 of 11 ASJ­03/NDD/PHC: 09.07.2020 commencing from the date of registration of the crime or the date of first information. Why the time is fixed to commence from the date on which "the accused was arrested or made his appearance"? The sublime idea is that the investigating agency who gets opportunity to question the accused under section 161 of the Code cannot be permitted to dodge with or further prolong the investigation without special reasons and in the interest of justice. In other words, the sub­section alms at expeditious and effective completion of the investigation when once the accused concerned is available for interrogation by the investigating agency".
Delhi District Court Cites 14 - Cited by 0 - Full Document

Sashi Bhusan Mahapatra vs State Of West Bengal [Alongwith C.R.R. ... on 17 May, 2007

9. It was further held in the said judgment that the materials gathered during investigation at least within the statutory period as provided in Section 167(5) of the Code, i.e. prior to the stoppage of investigation, shall be relevant for the purpose of deciding whether there is any basis or evidence to connect the accused with the commission of the offence and whether cognizance can be taken on the basis of such materials. The majority view of the Special Bench was that discharge of an accused on the expiry of the statutory period is not automatic.
Calcutta High Court Cites 6 - Cited by 3 - A K Roy - Full Document
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