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FAZAL AMIN versus MIR REHMAN


Sections 145 and 561 out of order, petition for the defendant's complaint against the applicant filed under section 145, the CCP was initially dismissed by the Judicial Magistrate on the basis that since the complainant was absconding, he was dismissed from the court. Relief not found. The appellate court of law held in review that in proceedings under section 145, the CCP parties could be presented either personally or through the applicant and that is why the appellate court dismissed the magistrate's order. Can't be done. Through the arbitration order, the aggrieved candidates challenged the application for judgment on the merit, under section 6161A, CRPC scope processing under section 454545, CRPC always sought the presence of the complainant and Did not demand the presence of a regular complaint. The CR PC was to prevent a breach of the peace due to land or water dispute. The magistrate could take action on the basis of the complaint, by any person, by the police or by any means. ) Received the inquiry notice under section (4) of the CRPC, with the intent to endanger the occupation of that person or to keep the person in his possession. Within two months of the dispute, the property was confiscated or attacked, if the party could not detect possession of the disputed property temporarily to protect the society from criminal strikes and damages. The legal arrangement was, since the whole purpose of the whole process was to prevent the breach of the peace, the technical and complaint-related issues of the complaint were of secondary importance, the Appellate Court said.

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