1. One of us (Padmanabhan. J.) referred this revision to the Division Bench doubting the correctness of the Single Bench decision of this Court in David v. State of Kerala (1984 KLT. 849).

2. A synopsis of the relevant facts could be given thus. In relation to an incident that took place at 9 p.m. on 12-11-1983 a case was registered, investigated and charge-sheeted against the third respondent for offences punishable under S.279,337 and 304-A of the Indian Penal Code and S.89 (a) and (b) of the Motor Vehicles Act. The accused surrendered before court on 21-11-1983 and he was enlarged on bail. The case is one triable by the Magistrate as a summons case. It is said that investigation was completed within the crucial period on 24-4-1984, but filing the charge-sheet before court on 4-6-1984 alone was beyond the period provided under S.167(5). After taking cognizance the accused filed a petition to drop the proceedings. He placed reliance on S.167(5) of the Code of Criminal Procedure and the decision in David's case (1984 KLT. 849). The magistrate accepted the contention and dropped the proceedings by order dated 19-12-1984. Cw. 2, the injured, has come up in revision. Respon