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Judgment
5 paragraphs · 208 wordsMohammed Shaffiq, J
The petitioners apprehend arrest for the alleged offence under Sections 85, 316(1) and other non bailable offences under BNS in Crime No. Not known of 2026, seek anticipatory bail.
Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petition enquiry is pending against the petitioners.
In such circumstances, this Court is of the firm view that the respondent Police may be directed to follow the ratio as laid down by the Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation reported in (2026 INSC 115) and 2025 SCC OnLine SC 1578 and the Investigating Officer has to conduct the enquiry by strictly following the procedures therein and if any prima facie case is made out against the petitioners, register the F.I.R or close the petition enquiry within a period of two weeks from today. The parties are directed to cooperate with the enquiry. It is needless to say that the respondent police shall not take any coercive steps to secure the accused till the completion of enquiry, on the complaint lodged by the defacto complainant.
With the above directions, this Criminal Original Petition is disposed of.
