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BALOCH KHAN versus HAJI AHMED SHAH


Contains false statements on Articles 249A, 265K & 561A Penal Code (XLV of 1860), section 420/417/423 fraudulent and dishonestly disposing of property, fraud, dishonesty or forgery Despite the FIRF's disclosure record, the dispute was against the accused (defendant) because of the nature of the citizenry, that he purchased the land from the complainant (defendant) but failed to pay the whole amount and After the contract was rejected and withdrew from its promise, the FIR's contents stated that only civil liability was stated and no criminal liability was disclosed. ? The dispute of justification between the parties was purely in nature and the same purpose was sought to turn criminal proceedings with unlawful purposes, this was not stated in the statement in the FIR. The accused did not try to stop the criminal proceedings on the basis that the allegation was baseless or that there was no possibility of the accused being charged with a crime, but on the basis that the proceedings were without jurisdiction. There was a previous proceeding and the continuation of the proceedings is abusive so the competent Station House Officer (SHO) had no say. The jurisdiction and entire exercise of filing this report was quorum and accordingly the FIR was revoked.

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