( 1 ) THIS reference shall endeavour to examine the true import and scope of the State amendment carried out in respect of section 167 (5) of the Code of Criminal Procedure. 1973 (hereinafter Code, for short ). Section 167 (5) of the parent Code read as under:-"if in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that or special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary. "

( 2 ) BY the Code of Criminal Procedure (West Bengal Amendment) Act 1988, which came into force with effect from 2nd May, 1989, sub-section (5) of section 167 of the Code was substituted by way of the aforesaid State amendment for the State of West Bengal. The substituted sub-section (5) in the State amendment reads as under:-" (5) If in respect of- (i)any case triable by a Magistrate as a summons case, the investigation is not concluded within a peri