S. N. Sanyal, J. :- This revisional application is at the instance of the petitioner Jay Sankar Jha against whom a proceeding being Case No. G. R. 572 of 1977 under Ss.279 and 338 of Penal Code and Ss.89(a)(b) and 118A of the Motor Vehicles Act is pending before the learned Metropolitan Magistrate, Third Court. Calcutta. The petitioner was arrested on Sept. 3, 1976 in connection with that case. The petitioner was granted bail by the learned Chief Metropolitan Magistrate, Calcutta on Sept. 4, 1976. The police prayed for time on different dates for completing the investigation and challan was submitted against the petitioner on June 27, 1977. The learned Chief Metropolitan Magistrate took cognizance and transferred the case to Metropolitan Magistrate, Third Court. The case was triable as a summons case and the learned Magistrate proceeded with the trial in course of which eight prosecution witnesses were examined. The accused thereafter filed an application under Section 167(5) of the Criminal P.C. contending that there was violation of the mandatory provision of S.167(5), Cr. P.C. as the investigation was not completed within six months from the date of arrest and the chall