PATIL, J. ( 1 ) THIS petition by the accused in C. C. No. 22/1984, arising out of Crime No. 323/83 of Ulsoor Police Station, on the file of the Principal City Civil and Sessions judge, Bangalore City, is directed against the order dated 21-4-1984, whereby the Investigating Officer has been permitted to continue the investigation beyond six months. ( 2 ) ON the complaint of one S. Viswanath, residing at No. 68, 'g' No. 10th street, Ulsoor, Bangalore, the police registered a case in Crime No. 323/83, for the offence under S. 420 IPC and submitted F. I. R. to the Sessions Judge. Thereafter, on 29-8-1983, the accused was arrested and sent to the Magistrate for remand. He was released on bail. The offence being one triable as a summons case, the investigation had to be completed within six months. The investigation having not been completed before en order stopping further investigation could be made as provided under sub-sec. (5) of S. 167 Cr. P. C. , on the application made by the Investigating officer, on 2-3-1984, the learned sessions Judge, having regard to the nature of offence as also the facts and circumstances of the case, considered it proper to permit continuation of the investigation beyond six months in the interest of justice. Accordingly, he having made the order permitting the investigating Officer to continue the investigation beyond six months, the accused has approached the High Court invoking inherent powers under S. 482 cr. P. C. ( 3 ) THE main ground on which the correctness of the order made by the sessions Judge is sought to be challenged is that the power of permitting the continuation of the investigation under s. 167 (5) has to be exercised before the expiry of the statutory period of six months and any application made beyond the period of six ninths, or order made permitting continuation of the investigation thereafter is without jurisdiction. ( 4 ) THE provisions of sub-sec. ( 4 ) THE provisions of sub-sec. (5) of S. 167 Cr P. C. read as follows :-" (5) If an any case triable by a magistrate as a summons - case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the magistrate shall made an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the period of six months is necessary. " ( 5 ) ALTHOUGH apparently these provisions are mandatory, in that it is obligatory on the Magistrate to make an order shopping further investigation into the offence, where the investigation in any case triable by a Magistrate as a summons case is not concluded within a period of six months from the date on which the accused is arrested, but they are merely directory; because they are clearly controlled by what has been further stated, 'unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interest of justice the continuation of the investigation beyond the period of six months is necessary'. It therefore follows, before stopping further investigation, the Investigation Officer has to be heard and unless the Investigating officer is heard, the Magistrate cannot make an order stopping the investigation. ( 6 ) THE question of stopping further investigation arises only after the expiry of six months after the arrest of the accused, and the order stopping of further investigation also cannot be made unless en opportunity of being heard is also. given to the Investigating officer. Therefore, it may not be correct to say that the powers can be exercised only before the expiry of six months and not after the expriy of six months'. Since the Magistrate gets the power to stop further investigation after the period of six months, before making an order, if the Investigating Officer appears and satisfies the Magistrate that for special reasons and in the interest of justice continuation of the investigation beyond six months is necessary; then the Magistrate cannot also refuse to permit the investigation beyond six months. These provisions have been enacted with an object to see that the investigation of the case triable by a Magistrate as summons case should be completed as early as possible, within a period of six months. If there are special reasons for continuation of investigation beyond six months and the Magistrate has not made any order stopping further investigation, he can as well, on the special reasons being made out, permit continuation of the investigation beyond six months. The learned Sessions Judge here, having taken into consideration the facts and circumstances of the case as also the special reasons given for continuation of the investigation beyond six months, has permitted continuation of the investigation beyond six months in the interest of justice. Therefore, there is no error or material illegality committed by the Sessions Judge in making the order. There is no merit in the petition and the petition is therefore rejected. --- *** --- .