1. WE are speaking through different judgments, but not in different voices. My two learned brothers are delivering different, but not differing, judgments. On the whole, we are unanimous and my judgment has the concurrence of both of my learned brothers, Batabyal and Bhattacharyya JJ. Now to the matter.

2. BY the Code of Criminal Procedure (West Bengal Amendment) Act, 1988, which has come into force on and from the 2nd May, 1989, a new sub-section (5) has been substituted for the original sub-section (5) of section 167 of the code of Criminal Procedure, 1973. That new sub-section, substituted by the west Bengal Amendment Act as aforesaid runs as hereunder

"(5) If in respect of –

(i) Any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months or

(ii) any case exclusively triable by a Court of Session or a case under Chapter XVIII of the Indian Penal code (45 of 1860) the investigation is not concluded within a period of three years or

(iii) any case other than those mentioned in clauses (i) and (ii) the investigation is not concluded within a period of two years from the date on which the accused was arrested or made h