Monoj Kumar Mukherjee, J. - (1.) In connection with a case registered under Section 304A of the India Penal Code by the Jagaddal Police Station on 10.12.75, the petitioners were arrested and produced before the learned Sub-divisional Judicial Magistrate, Barrackpore on the same day. On the failure of the police to submit any report of investigation, the learned Magistrate by his order dated 25.6.77, stopped the investigation in accordance with the provision of Section 167(5) of the Code of Criminal Procedure (hereinafter referred to as Code). The opposite p y, the State of West Bengal filed an application under Section 167(6) of the Code on 23.6.78 before the Sessions Judge, Alipore and by an order dated 21.9.78 the learned Additional Sessions Judge, Alipore allowed the said application, vacated the order of a the learned Magistrate and directed the Police to make further investigation into the offence. The above order of the learned Additional Sessions Judge is the subject matter of challenge in the instant Rule.
(2.) The only point that his been urged in support of this Rule is that the learned Sessions Judge was not justified in entertaining the application filed under Section 167(6) of the Code after a lapse of one year in absence of any satisfactory explanation for such unusual delay.
(3.) It has been held by this Court in the case of the Superintendent and Remembrancer of Legal Affairs, West Bengal v. N. Ranga Rao, reported in 1978 Calcutta High Court Notes, page 255 that the Session Judge while exercising powers under Section 167(6) of the Code acts as a Court of original jurisdiction and not as a Court of revision. There is no period of limitation under the law for entertaining any application for exercise of such powers. But then, keeping in view the purpose for which Section 167(5) of the Code has been enacted, namely, to avoid delay in investigation and unnecessary harassment to the accused persons, the Sessions Court should not encourage any laches on the part of the investigating agency by entertaining belated application for setting aside such order. If the Court finds that there has been an unusual delay and there is no satisfactory and reasonable explanation for the delay the application should be thrown out in limine.;