- (1.) WE are speaking through different judgments, but not in different voices. My two learned brothers are delivering different, but not differing, judgments. On the whole, we are unanimous and my judgment has the concurrence of both of my learned brothers, Batabyal and Bhattacharyya JJ. Now to the matter.
(2.) BY the Code of Criminal Procedure (West Bengal Amendment) Act, 1988, which has come into force on and from the 2nd May, 1989, a new sub-section (5) has been substituted for the original sub-section (5)of section 167 of the code of Criminal Procedure, 1973. That new sub-section, substituted by the west Bengal Amendment Act as aforesaid. runs as hereunder " (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 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 satisfied 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.
(3.) TWO question that have arisen for consideration by this Special Bench are (i) whether the aforesaid sub-section (5) has retrospective operation and would govern all investigations initiated before the commencement of the said sub-section and (2) whether, taking cognizance of an off ice on the basis of any investigation continued and a charge-sheet submitted beyond the period specified in that sub-section and the trial thereafter, without any order from the Magistrate for the continuation of investigation beyond the period, are bad and void.;