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1 - 5 of 5 (0.22 seconds)The Code of Criminal Procedure, 1973
Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014
6. A perusal of the FIR shows that there is a prima-facie accusation
against the petitioner and others. Whether the present complaint in
Crime No.214 of 2019 is a counterblast to the Crime No.211 of 2019 or
not can be decided only after a thorough investigation in both the crimes.
Therefore, the investigation in both the cases must proceed and reach to
its logical conclusion to unearth the truth. In this backdrop it is not
apposite to quash the proceedings. Therefore, this Criminal Petition is
disposed of directing the Police concerned to conduct investigation in
both the crimes. However, considering the fact that the investigation is
under way and that the allegations under Sections 323 and 506 R/w.34
of I.P.C and Sections 3(1)(x), 3(1)(r) and 3(1)(s) of the Act of 2015 are
amenable to Section 41-A of Cr.P.C., the concerned Investigating
Officer is directed to scrupulously follow the procedure contemplated
under Section 41-A of Cr.P.C and also the judgment of the Apex
Court in Arnesh Kumar Vs. State of Bihar1. Further, the
Petitioner/Accused No.1 is directed to cooperate with the
investigation agency for smooth completion of investigation.
Section 323 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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