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ASIF versus THE STATE


Criminal Code of Conduct (CR PC) Section 561A Penal Code (XLV of 1860), enforcement of section 399/402 FIR, and the challan in which a person assembled at a particular location with the other four defendants No other content for It was with the prosecution to maintain the charge that they were there to prepare for the crime of robbery, except for the recovery of weapons from the accused, such as revolvers, pistols and mousers, from the accused or any of the accomplices. Could not suggest that they had. The gathering of five or more armed men who were preparing to commit a crime of robbery will not necessarily conclude that they were assembled with the intention and preparation of a coconut bandit to carry the weapon. This was to happen in all recovery cases. Granted, the suspects may have been guilty of robbery, but there should be more to the recovery of the weapon by which it could be alleged that the arrested persons and those with whom the weapons were effective were the culprits. In the absence of all such allegations and material in the case of the prosecution, the allegation against the accused was baseless and there was no possibility that the trial against the accused would be terminated. The sentencing proceedings were pending before the trial court under the conviction, if it was alleged that the continuation of the proceedings against the accused, if it was not canceled, equates to misuse of the law. Will be.

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