Supreme Court · 1995 INSC 778 · Decided 23 November 1995
Durgesh Chandra Saha v. Bimalchandra Saha & ORS.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 778 · [1995] SUPP. 5 S.C.R. 612
- Case number
- CRIMINAL APPEAL No. 715/1994
- Decided
- 23 November 1995
- Bench
- G.N. RAY, G.T. NANAVATI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 148, 149, 307, 326, 302; CrPC Section 167(5); Constitution Article 21
Headnote
Criminal Procedure Code, 197~Section 167 (5) as amended by the West Bengal Amendment Act (Act 24 of 1988}-Inte1pretation of-Power to stop investigation after expily of three years-Applicability of Section 167(5) C as amended by West Bengal Act-Object of provision. Respondents were prosecuted on a u/ss 148/149/307/326/302 of Indian Penal Code against the respondents. The D Court took cognizance of the offences in the year 1988. The respondents claimed discharge on the ground that in view of amendment of section 167(5) of Criminal Procedure Code by the West Bengal Amendment Act, as
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