STATE OF W BENGAL vs PRANAB R ROY

The Supreme Court upheld the discharge of the respondent under Section 167(5) of the Code of Criminal Procedure (West Bengal Amendment), affirming that the investigation was not concluded within two years from the date of the respondent's appearance in court. The Court clarified that the provisions of Section 167 are applicable only when the investigation is pending, not after a charge-sheet has been filed. Consequently, the appeal by the State was dismissed, maintaining the High Court's ruling.