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ZAFRULLAH versus STATE


Sections 173 and 561A Penal Code (XLV of 1860), Section 452/506 B / 201/148/149 After preparing for house injury, criminal threats, disorderly armed with deadly weapons, unlawful assembly order ended, police report Detection of FIR in Class `C FIR for Recommendation / Opinion The scope magistrate is refusing to dismiss the case on the basis of the police report, the nature of such order and the complainant (defendant) of the order The FIR was lodged against the accused (applicants) saying that the house was threatened to kill her and to abduct her daughter as the property rape. Due to a writ-sharing dispute, the investigating officer recommended the cancellation of the FLR mentioned under Class C, the magistrate directed the investigating officer not to disagree with such report. The charge sheet against the suspects was that the magistrate did not give any reason why the report submitted by the police was not. Fans inspiring; that at the time of the alleged incident, the accused were present in his various cities. That the magistrate failed to mention the names of witnesses or any other controversial material on which he did not agree with the police report, and the contents of the FIR revealed that the accused had committed a crime Had not happened Based on the final report submitted by the police under 5-3 173, the PC operates in an administrative capacity, but has no authority to act arbitrarily. Such an order cannot be a judicial order. But this should be a court order and not arbitrary order without reason and justification

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