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KHANA JAN versus S.H.O.


Sections 435 and 439 of the Code of Criminal Procedure (XLV of 1860), sections 300 and 34 of the Amendment jurisdiction, prohibiting the investigation officer's practice from including the name of the deceased widow in the FIR , Which was according to the complaint. The complainant filed a private complaint to the accused on the spot and the relevant accused, in which he sent the widow of the pending case to Elika. The inquiry and the report were sent to the magistrate, who after recording the statements of some witnesses, including the complainant, came to the conclusion that the complainant \ s version was incorrect, but the trial court sought the inquiry magistrate. Disagreed and asked the victim's applicant / widow to sue. It is a fact that the victim's widow's name was not in the FIR filed by the complainant or the complainant's version was proved wrong. The inquiry magistrate cannot be considered to be a valid ground for the High Court's intervention in exercising the jurisdiction of the High Court. It was illegal to interfere with the orders passed by the courts below, but said that power should be exercised a little and only if there was a serious injustice or there was clearly abortion of justice or order. Was an illegal or perverse order of trial under which the applicant (the widow of the deceased) was summoned to trial, not subject to any unlawful interference or legal impairment, subject to review The exercise cannot be interfered with by the High Court.

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