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Judgment
Counsel for the petitioners, by moving this interlocutory application, submits that a notice under Section 41 A Cr.P.C. has been issued to the petitioners. He submits that the petitioners have been directed to appear before the Investigating Officer to get their defense statement recorded. He submits that there is an interim protection and in spite of that interim protection, issuance of the aforesaid notice under Section 41 A Cr.P.C. is absolutely bad in law. Thus, he prays for interim protection.
After hearing the parties and considering the fact that a notice under Section 41 A Cr.P.C. has been issued to the petitioner, I direct the petitioners to appear before the Investigating Officer of Adityapur (RIT) P.S. Case No. 285 of 2015 (G.R. No. 827/2015), within three weeks from today. After appearance, they will get their statements recorded before the concerned officer and will also cooperate in investigation in future.
It is submitted that the Petitioners are on bail. Since, the petitioners are on bail, if the petitioners cooperate with the investigation, they will not be arrested.
It is made clear that if the Investigating Officer feels that the petitioners are not cooperating with the investigation, he will immediately file an application before this Court for getting an appropriate order.
With the aforesaid observation and direction, this interlocutory application stands disposed of.