and circumstances of the case. To put it differently, apart from the question of prejudice, an investigating agency is not debarred from proceeding further after complying with the omission committed earlier, by taking recourse to the repealed Code i.e., CrPC, 1989. It is for this reason, that the Order, 2019 with specific reference to Para 2(13) has been introduced in exercise of the power conferred under Section 103 of the Act, 2019. 27.A similar issue was dealt with, way back in the year 1929 by the High Court of Calcutta in Nibaran Chandra v. Emperor, 1929 A.I.R. 1929 Calcutta 754. Considering the said issue, Justice Mukherjee had rightly found a way out by giving liberty to the prosecution to proceed afresh, under Section 196A of CrPC, 1898: 14“The petitioners have been convicted under S. 120-B, I.P.C. Petitioner 1 has also been convicted under S. 384, I.P.C. and No. 2 under S. 384/114, I.P.C. The ground upon which this rule has been issued is that the trial was vitiated as the