Section 167 of the Criminal Procedure Code does not mandate the quashing of FIR if the investigation is not completed within 180 days.

JUDGMENT

Ajay Mohan Goel, J. - By way of this petition, the petitioner has prayed for the following relief:-

"It is, therefore, most respectfully and humbly prayed that this Hon'ble Court may kindly be pleased to quash the Supplementary Charge Sheet in FIR No. 29 of 2019 u/s 29 NDPS Act and 201 IPC, registered with P.S. Shimla Sadar; and/or

any other order/orders as this Hon'ble Court deems fit and proper may also be passed in favour of the petitioner herein, looking into the background and facts and circumstances of the case, in the interest of justice and equity."

2. Mr. Nitin Bansal, learned Counsel appearing for the petitioner has stated that FIR in issue warrants quashing for the reason that after the registration of the said FIR, charge sheet has not been filed in the Court by the police within 180 days, as is the mandate of the provisions of Section 167 (2) of the Criminal Procedure Code. He insists that on account of said failure of the police, the FIR mandatorily has to be quashed by allowing this petition. No other point was urged.

3. Having heard learned Counsel for the petitioner as well as learned Additional Advocate General, in my considered view, this petition is completely mis-conceived. Section 167 of the Criminal Procedure Code envisages the procedure which has to be followed when investigation cannot be completed within the time period stipulated in Sub Sections thereof. It describes that if investigation is not completed within the time period stipulated therein, then what consequences shall ensue. It is nowhere provided in Section 167 of the Criminal Procedure Code that in case investigation is not completed within 180 days and investigation report is not filed by the police before the appropriate Court, then the FIR has to be quashed and this shall also be one of the consequence.

4. In this background, without commenting any further on the merit of the case, as this Court is convinced that filing of this petition is completely mis-conceived, the same is dismissed. Pending miscellaneous application(s), if any, also stand disposed of.