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MUHAMMAD SHAKEEL versus S.H.O., POLICE STATION CITY, HYDERABAD


The contents of the report under Sections 107, 151, 117 (3) and 561 of the proceedings Sections 107 and 151, CRPC, were completely inconsistent with the contents of the application under section 117. )), The CCP magistrate demonstrated haste without exercising its court mind on the above reports and passed the order under section 117 (3), without recording evidence of any testimony without CRPC. There was a negative possibility of a breach of the peace. It is not sufficient to justify proceedings under section 117 (3), CCPC, and there must be at least a reasonable likelihood of such infringement established under 5 117 (3) under record proceedings. Was not done, the CRPC could not be started simply by being ambiguous. On the aforementioned police report, the peace violations initiated against the accused had led to a delusion in the eyes of the law and accordingly they were dismissed.

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