JUDGMENT

Desai, J. - Respondents Lakshmi Brahman and Naval Garg were suspected of having committed an offence punishable with death or imprisonment for life under section 302 Indian Penal Code. Both of them surrendered before the Magistrate on November 2, 1974 and were taken into custody. The investigation was, then in progress. The investigating Officer failed to submit the charge-sheet against them within a period of 60 days as contemplated by sub-section 2 of section 167 of 1973 Code prior to its amendment by the Criminal Procedure Code (Amendment) Act, 1978 which enlarges the period from 60 to 90 days where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years. In this case we are concerned with the proviso to section 167(2) of the Criminal Procedure Code 1973 prior to its amendment in 1978. It appears that the Investigating Officer failed to submit the charge-sheet within the prescribed period and according to the High Court till as late as February 5, 1965. Thereupon the two respondents moved an application under section 439 of the Criminal Procedure Code invoking the power of the High Court t