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Vinod Dubey & Anr. vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Sec. 173(8)–Penal Code, 1860–Secs. 498-A & 306–Challan filed by police after completion of investigation–Magistrate ordered for re-investigation–Whether justified–Held, no–If the investigation was not conducted fairly, honestly and properly, discretion was available for sending the case for further investigation–Order impugned set aside and matter remanded to proceed in accordance with law.