1. - This revision petition has been directed against the order dated 26th August, 1986 passed by the Munsif and Judicial Magistrate, Khetri.

2. Brief facts of the case are that the FIR was lodged against the petitioner under Section 354-II on 7-9-1985. The petitioner was arrested on 26th November 1985 and he was also bailed out. Charge sheet against the accused was filed on 11-6-1986. The petitioner moved an application under Section 167(5) Cr PC with the prayer that the charge-sheet has been filed beyond the period of six months from the date of his arrest and in view of the provisions of Section 167(5) no case can be registered and proceeded. The submission of the petitioner was rejected.

3. Mr. Gupta, learned Counsel for the petitioner has cited before me the case of Jagannathan and Ors. v. State [1983 Cr. LJ 1748] , in which the Madras High Court has held as under:

"Under the statutory provision, viz., Section 167(5) there are statutory duties, one cast on the Court and the other on the Investigating Officer. For the invocation of this Sub-section, the following conditions should be satisfied:

1. The case to which this provision is to applied should be one triable by the