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ANWAR ALI versus MAZHAR HUSSAIN HISBANI


The applicant, pursuant to Article 199 Criminal Code (v. 1898), Article 22A (6) and 200 Constitution Petitions, has sought to register a criminal case against the policemen on the basis that the officers Was illegally involved in fraudulent member cases. Refer to Section H for filing an FIR against them. On the police officers' refusal to file an FIR, the proper course was to either approach the Office of Justice or the magistrate, or file a complaint directly. Section 200 was filed before the magistrate under CR PC, then under section 202 (1), the CR PC magistrate was empowered to instruct the police to investigate the matter and investigate the situation. The officer had the option to use all the options available to him in the CR. The PC, CCP Official Justice of Peace had the authority to investigate the case, including the authority to arrest the accused under Section 22A (6), if a proper direction was directed to the police to file an FIR. If the offense in this case was proved to be an admissible offense, even if the magistrate could exercise his discretion under Article 156 (3), CRPC in relation to the provision of Article 199 of the Constitution, there was no proper remedy. Gone

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