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HABIBULLAH versus STATE


Sections 200, 202, 203 and 439 of the Criminal Procedure (XLV of 1860), Sections 302, 148 and 149 of the Complaint Case should be directed to the trial side and the trial court to summon the respondents / accused in the criminal complaint. Please. As a matter of strategy, the reviewing court cannot, for the first time, lightly dismiss the evaluation of the evidence by the court, unless the additional session judge is bound to find it wrong. Accept the inquiry magistrate's dismissal report on investigation report under section 202, CRPC had to take into account the scope of inquiry under section 202, CRPC to ascertain the fact to determine Or if there was a complaint in another case. Whether or not Section 203 should be issued, the CCPC had stated which material to consider for the purpose of the Additional Sessions Judge. Agreeing with the magistrate's report, he was not obliged to work mechanically, but had to adopt a fair mind before proceeding.

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