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MST. NUSRAT BEGUM versus SHABBIR AHMED


Section 42 (12) and 44 Panel Code (XLV of 1860), Section 302 and 34 Criminal Procedure Code (V9 1898), Section 169 Written Request, Benefit of Section 169 Benefits, CR PC Investigation Agency Section 169, CR The PC had the maximum benefit During the trial, the defendant's legal heritage partially compromised that if the two accomplices were acquitted, the trial court acquitted the defendants, including the defendants. Who were the principal accused because they already had a case. Under section 696969, no appeal or review was filed by the applicant / complainant under the CCPC, despite the fact that the applicant / complainant was available for treatment, The writ petition was filed before the High Court. The dismissed respondents, who were principally accused, were given the benefit of Section 169, CR PC, which was clearly against the law. The investigating agency could not be reached if the principal during the investigation. If proof of ease was not presented against the accused, then the legal heirs of the victim did not compromise with both the principal accused, but on two counts. One of the accused had compromised with the petitioner, he had filed the writ petition against the adjournment order, before the High Court, which was not authorized in view of the availability of other alternative remedies. The court could not exercise jurisdiction under section 44 of the Azad Jammu and Kashmir Interim Authorization Act, 1974, the writ petition was rightly dismissed by the High Court.

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