Sajal Mukhopadhyay vs State Of West Bengal
2021 Latest Caselaw 4915 Cal

D/L14. C.R.R. No.537 of 2012 September (Via Video Conference) 17, 2021 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

Sajal Mukhopadhyay Versus State of West Bengal

Mr. Sandipan Ganguly, Mr. Somopriya Chowdhury, Mr. Dipayan Dan.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Mr. Arijit Ganguly, Mr. Sandip Chakraborty.

...for the State.

Mr. Sandipan Ganguly, learned senior advocate

appearing for the petitioner argues on the issue of Section 167(5) of

the Code of Criminal Procedure and the corresponding West Bengal

Amendment, thereby contending that as the application for

extension for filing the charge-sheet was prayed almost after one

year and two months of the statutory period expiring and the

charge-sheet having been filed after the application under Section

167(5) of the Code of Criminal Procedure was preferred by the

present petitioner, the accused ought to have been discharged and

the further continuation of the proceedings should not be allowed to

continue. To that effect, learned senior advocate relies upon three

judgments.

Mr. Arijit Ganguly, learned advocate appearing for the

State produces the case diary.

The issue requires to be further considered.

List this matter under the same heading on 24.09.2021.

(Tirthankar Ghosh, J.)