summons case or warrant case

Sec 13(2) of Prevention Of Corruption Act 1988 (India) provides for a imprisonment which shall not be less than one year but which may extend to seven years and shall also be liable to fine.
Sec 2 clause w and cl x define summons case and warrant case. Cases under PC Act are tried as per procedure applicable to warrant cases.
Sect 167 (5) of Criminal Procedure Code provides that no investigations can be continued beyond six months. Some of the Courts have passes for termination of proceedings while West Bengal has made a statutory amendment to CrPC that the judge will pass order discharging the accused.
Can a person residing in states other than W.Bengal contest the investigation and the charge sheet put up as a result of investigation beyond six months because measure of imprisonment of min one year is applicable for deciding the case as a summons case .

[judg4]

Who is the party in the other state and what is their connection or interest to the case?

The unregistered member has been booked under PC Act and resides in the State of Punjab(India)

Originally Posted by Unregistered

The unregistered member has been booked under PC Act and resides in the State of Punjab(India)

. He has been booked u/s 13(1) and 13(2) of PC Act 1988 but the charge sheet has not been filed even after expiry of two years of the arrest in 2006. Can he not file a petition for his discharge on the ground that charge sheet was not filed within six months as required in a summons case?

My querry dated 22-03-08 is still un-answered

[msgny]

Yes he often would be able to do so...is counsel involved currently?

No counsel is involved currently in this querry. The counsel engaged previously discourages this type of petition.

Counsel already engaged is reluctant to proceed on this line. His hunch is that if the lower court gives a favourable judgement ,the appellate court may reverse. He advises to fight the case on merits even if it takes six to seven years but that is a risky proposition for me.Can you suggest a competent counsel near Punjab.

[annjd]

You could email World Law below and they will have suggestions.