https://www.taxtmi.com/caselaws?id=300127 Section 167(5) of the Code of Criminal Procedure, as amended in West Bengal, is treated as admitting judicial discretion: expiry of the prescribed period does not by itself require automatic stoppage of investigation or discharge, and the Magistrate must consider whether further investigation is necessary and whether special reasons justify continuation. The two-year period runs from the accused's surrender or appearance before court. For limitation under Section 468, cognizance of an offence under the Essential Commodities Act is governed by the punishment prescribed for the offence; a proviso limiting the Special Court's sentencing power in summary trial does not reduce the substantive offence to a lesser category for limitation purposes. en-us Thu, 23 Apr 1998 00:00:00 +0530 Thu, 13 Jan 2022 09:56:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300127 Section 167(5) of the Code of Criminal Procedure, as amended in West Bengal, is treated as admitting judicial discretion: expiry of the prescribed period does not by itself require automatic stoppage of investigation or discharge, and the Magistrate must consider whether further investigation is necessary and whether special reasons justify continuation. The two-year period runs from the accused's surrender or appearance before court. For limitation under Section 468, cognizance of an offence under the Essential Commodities Act is governed by the punishment prescribed for the offence; a proviso limiting the Special Court's sentencing power in summary trial does not reduce the substantive offence to a lesser category for limitation purposes. Case-Laws Indian Laws Thu, 23 Apr 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300127