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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Kamlesh Kumar Singh, son of late Bhagwan Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. challenge against the 27.08.2021 order (Para 2 , 3 , 4) |
| 2. allegations of forging signatures in board meetings (Para 6 , 10 , 12 , 18) |
| 3. arguments contesting the validity of the informant's claims. (Para 14) |
| 4. arguments regarding the nature of the dispute (Para 20 , 26 , 32) |
| 5. jurisdiction and police investigation guidelines (Para 21 , 22 , 24) |
| 6. court's affirmation of additional judge's order (Para 37 , 39 , 40) |
| 7. court's observations affirming the need for further consideration of the matter. (Para 38) |
| 8. final dismissal of application with directives (Para 41 , 42 , 43) |
JUDGMENT :
(SANDEEP KUMAR, J.)
Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the opposite party no.2.
2. In this case, the petitioners have challenged the order dated 27.08.2021 passed by the learned Additional District Judge, IX, Patna, in Criminal Revision No.470 of 2019, whereby the learned Additional District Judge has set aside the order dated 12.07.2019 passed by the learned A.C.J.M.-XVII, Patna, by which the learned Magistrate has accepted the final form submitted by the Police. The petitioners have also prayed for staying the further proceeding p
Court reaffirmed that adequate notice must be given to informants, and judicial directions for investigation should respect the discretion of the police, ensuring procedural fairness.
The need for prima facie evidence and the expediency in the interests of justice before initiating proceedings under Section 340 CrPC.
The court emphasized the need for custodial interrogation based on prima facie evidence of forgery, and highlighted the balance between personal liberty and societal interest in granting anticipatory....
Cooperation with criminal investigations under Section 91 Cr.P.C. does not necessitate prior arrest and the issuance of notices for signature samples is valid, preserving investigative authority.
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