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KHUDA BUX versus STATE


Section 265 K & 561 A Penal Code (XLV of 1860), Section 302 Qatl e amd Cancellation of application for breach under section 265 K, Cancellation order of CR PC application, Section 265 K, under CR PC Appeals for breach by the accused dismissed by the court, the accused had filed an application under section 6161 AA, CCPC, to dismiss the order dismissing the application, which the co-accused had already acquitted. The charges against him were the same as the case was not heard on the basis of the evidence against the accused. The probability of committing any crime is the lack of criminal content that the accused was lacking in connection with the commission of the alleged crime. Under section 265, the PCP suspect can be acquitted, where on the available evidence on record. Even the accused had no chance of being convicted. In the present case, the offense charged against him with the trial court did not properly apply his mind and the unpredictable verdict was based on additional evidence ion, which was decided under section 265K. For the matter was not relevant, the PC Trial Court had to consider the evidence based on the evidence available, even if there was any possibility of any offense, but the court merely decided on the assumption that section 265 Was against the spirit of K, Section 555A, CRPC was allowed under the CRPC and the order was terminated.

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