GITESH RANJAN BHATTACHARJEE, J.

( 1 ) THE petitioners herein are accused in Daspur Police Station Case No. 5 dated 17-8-88 (G. R. Case No. 159/1988) in respect of certain offences which fall in the category mentioned in S. 167 (5) (ii) of the Code of Criminal Procedure as it stands amended by the West Bengal Act 24 of 1988. Besides the present petitioners there are also other accused persons in the said case. During the pendency of the investigation the petitioners earlier moved this Court in its revisional jurisdiction assailing the continuation of the investigation. The revisional application was, however, disposed of by S. K. Guin, J. giving liberty to the petitioners to file application before the learned Sub-Divisional Judicial Magistrate, Ghatal under S. 167 (5) (ii) of the Code of Criminal Procedure. Accordingly, the petitioners filed application before the learned Magistrate for stopping the investigation of the case under S. 167 (5) (ii) of the Code and for discharging them. The learned Sub-Divisional Judicial Magistrate however by his order dated 4-2-92 permitted continuation of the investigation and refused to discharge the petitioners. Being aggrieved by the said order

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