( 1 ) IN all these four revisional applications (CRR 506/1996, CRR 423/1997, CRR 302/1997, CRR 303/1997) a common question was raised as to whether cognizance could be taken on the charge-sheet filed on the basis of investigation made beyond the time limit fixed by section 167 (5) of the Code of Criminal Procedure as amended in the State of West Bengal by the Code of Criminal Procedure (West Bengal Amendment) Act, 1988 which came into force with effect from 2nd May, 1989.

( 2 ) IT was contended on behalf of the State that in view of the principle adopted by the Apex Court in Durgesh Saha v. Bimal Chandra Saha (1996 Cri LJ 1137), the Court below was justified in taking the cognizance on the basis of the chargesheet. On the other hand, the learned counsel appearing on behalf of the petitioners placed reliance on another Division Bench judgment of the Apex Court reported in (1993)3 SCC 288 (State of West Bengal v. Falguni Dutta and Anr.) in support of the contention that the investigation beyond the time limit fixed by section 167 (5), without any order of extension by the Magistrate, is illegal and taking of cognizance was not justified. Accordingly, prayer was made fo