Judgment

Thomas, J.-Leave granted.

2. A two judge bench has referred these cases to be decided by a larger bench upon a contention that there is conflict between the ratio in State of West Bengal v. Falguni Dutta & Ors.1 and that in Durgesh Chandra Shah v. Vimal Chandra Shah2. The question relates to the interpretation of Section 167(5) of the Code of Criminal Procedure as amended by the State of West Bengal.

3. Section 167 of the Code of Criminal Procedure (for short the ‘Code’) fixes certain time schedule for production of the arrested accused before the Magistrate, for detention of the accused in custody after remand, for completion of investigation into different offences and the consequential orders to be passed in a case where such time schedule is not adhered to etc. West Bengal Legislative Assembly has incorporated some amendments in sub-section (5) and sub-section (6) of Section 167 of the Code as per West Bengal Act 24 of 1988. By such amendment those sub-sections now read as follows:-

“(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) an