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NUSXAT BIBI versus SENIOR CIVIL JUDGE/MAGISTRATE SECTION 30, LAYYAH


Investigation Officer of CR, Investigation after filing a report under Section 173 and 190 (3) of the Criminal Procedure (XLV of 1860), Section 380 Adultery of Hood (Enforcement Hood) Ordinance (VII of 1979), Section 16 of Section 173 Subsequently, CCPC did not agree to the said report to cancel the case against CCP, accused magistrate in the court of Senior Civil Judge / Magistrate Section 30, under Investigation Report under Section 7 73, to the Investigating Officer. Ordered to present challan in his court for transfer of sessions. The court-related case fell under the exclusive jurisdiction of the Sessions Judicial Magistrate, the Sessions Judicial Magistrate was unable to return the report under section 173; it was the CCP Investigation Officer's responsibility to submit the challan to proceed with the report. To the Sessions of Court. According to the law, the magistrate had to proceed in accordance with section 190 (3), CRPC, under which he had to cite the case. If the Sessions Court of Sessions was a special hearing, the court and the magistrate could not instruct the inquiring officer to submit a challan to his court after which the order was sent to the Sessions Court magistrate. PC to settle the matter according to law directly in the Court of Session

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