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NAEEM AKHTAR versus STATE


Section 1 Pen 90 Penal Code (XLV of 1860), Section 302/34 Power to admit a crime related to magistrate scope After receiving a complaint or written notice by a police officer, he was fully capable of looking into the matter. Was. And if he finds that the crime is worth hearing by the Sessions Court, without recording any evidence, he sends it to the Court of Session to identify the case used in Section 190, CR PC, which means judicial. Have to take notice. The matter is placed before the court and its judicial inspection. Once the magistrate has been given the authority to investigate a matter, he has the responsibility to submit the papers and reports submitted by the investigating officer. ? And then either consider it or pass a judicial order after passing through the material submitted during the investigation, if it deems fit and proper in section 190, CR PC or any other part of the Code of Conduct. Will not stop Before the magistrate reviewed the crime before sending it to court, Sessions alleged that the judicial magistrate had no jurisdiction to continue the proceedings as it was shown in column 2 of the challan by the investigating officer. Is. Because the case was exclusively a hearing through a court session and it was only the Court of Session that could pass an order, it was overturned.

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