1. The petitioners are accused of offences under Ss 55(a) and 67(b) of the Abkari Act. Admittedly the procedure for summons case has to be followed in the trial for these offences. The accused were arrested on 8-6-1981 Charge sheet was filed in court only on 5-12-1983 The accused therefore filed an application in the lower court for their discharge contending that there is a violation of S.167(5) of the Code of Criminal Procedure and there was no jurisdiction to proceed with the prosecution. The court below held that want of "sanction" by the court as contemplated in the provision is only a irregularity and when once cognizance has been taken, the proceedings can continue. Challenging this order, and praying for quashing of the entire proceedings, the petitioners have come up under S.482 to this court.

S 167(5) reads thus:

"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 for special reasons and