- (1.) THIS revisional application at the instance of the State of West Bengal is directed against an order dated 29. 6. 76 passed by Shri D. K. Banerjee, Sessions Judge, purulia in Criminal Revision No. 18 of 1976. Facts relevant for the purpose of disposing of the present Rule may be stated as follows :-
(2.) FOR a railway accident that occurred on 12. 8. 75 the accused opposite party was arrested being one of the drivers of the engine involved in the accident but there being injuries on his person, he was admitted to the hospital. A case under Section 279/304a of the Indian Penal Code and 101 of the Indian Railways Act was started against the accused on 13. 8. 75 by Purulia G. R. Police Station and on his discharge from hospital the accused was produced before the learned Judicial Magistrate, Purulia on 17. 8. 75 and was released on bail. The case was adjorned from time to time to enable the police to submit their report of investigation and on 14. 2. 76 on the prayer of the investigating officer, time was extended till 1. 4. 76 for submission of report in final form. On the date so fixed, that is, in 1. 4. 76 no report was submitted by the investigating officer and the learned sub-divisional Judicial Magistrate, Purulia stopped the proceedings in accordance with the provisions of section 167 (5) of the Code of Criminal Procedure as the case instituted against the accused was triable by a Magistrate as a summons case and more than six months had elapsed from the date of apprehension of the accused. The petitioner thereafter moved the Sessions Judge against the said order, but without any success. The above order of the Sessions Judge now forms the subject-matter of challenge in the present Rule.
(3.) I have heard Mr. Roy, the learned advocate appearing for the petitioner as also Mr. Chakraborty, the learned Advocate appearing for the accused opposite party.;