( 1 ) IN connection with a motor accident resulting in the death of a person, a case under S. 279/304a of the Indian Panel Code was registered with the Tollygunge Police Station on 9. 7. 77 and the petitioner was arrested on 10. 7. 77 being the driver of the offending vehicle. The petitioner was enlarged on bail on the self-same day and the next day of remand was fixed on October 7, 1977. On the date of remand, namely, filed an application before the learned Magistrate praying for extension till 28. 10. 77 for completion of the investigation. The learned Magistrate however fixed the next date of remand on January 24, 1978 on which date a charge-sheet was submitted by the police against the petitioner under S. 279/304 A of the Indian Penal Code. An objection was raised on behalf of the petitioner on the self-same day praying that the charge-sheet that was submitted not be taken notice of nor cognizance can be taken thereupon having regard to the provision of S. 167 (5) of the Code of Criminal Procedure. According to the petitioner, the investigating agency did not pray for extension of time for continuing the investigation after a lapse of six months from the dat