ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Emerging Jharkhandi Identity- Report on a Conference

seeking to call for records of all First Information Reports pending with the police which have crossed six months, in the case of summons cases, and one year, in the case of warrant cases, and quash them and also direct the DG of Police and his officials to stop further investigation in those cases. The petitioner alleged that over a lakh of FIRs had been pending for more than two years and nearly 10,000 cases had been in the category 'under investigation' for four years in Tamil Nadu, Under Section 167(5) of the Code of Criminal Procedure, in summons cases where investigation was not concluded within six months, a magistrate should order stopping of further investigation unless the investigating officer satisfied him that continuation beyond that period was absolutely necessary. Section 468 Cr PC said no court should take cognisance of an offence after the expiry of the period prescribed (six months in cases where offences were punishable with fine only, one year in cases of offences punishable with imprisonment for a term not exceeding one year and three years if punishable with imprisonment for a term above one year but not exceeding three years. Under Section 258 Cr PC in summons cases, the magistrate might stop proceedings at any stage without pronouncing judgment.

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