Thomas, J. - (1.) Leave granted.
(2.) A two-Judge Bench has referred these cases to be decided by a larger Bench upon a contention that there is conflict between the ratio in State of West Bengal v. Falguni Dutta (1993) 3 SCC 288 and that in Durgesh Chandra Shah v. Vimal Chandra Shah (1996) 1 SCC 341 . The question relates to the interpretation of S. 167(5) of the Code of Criminal Procedure as amended by the State of West Bengal.
(3.) Section 167 of the Code of Criminal Procedure (for short the 'Code') fixes certain time schedule for production of the arrested accused before the Magistrate, for detention of the accused in custody after remand, for completion of investigation into different offences and the consequential orders to be passed in a case where such time schedule is not adhered to etc. West Bengal Legislative Assembly has incorporated some amendments in sub-section (5) and sub-section (6) of S. 167 of the Code as per West Bengal Act 24 of 1988. By such amendment those sub-sections now read as follows:- "(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 (45 of 1860), the investigation is not concluded within a period of three years, or (iii) any case other than those mentioned in Cls. (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. (6) Where any order stopping further investigation into an offence has been made and the accused has been discharged under sub-section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify." ;