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SAHIB KHAN versus SAADULLAH KHAN


Sections 3, 4, 5 and 9 of the Code of Criminal Procedure (v. 1898), Sections 203 and 204 Termination of Unlawful Disposal were ordered to be revised against the trial court's order under which the questioning ground was questioned. Complaint was filed against the applicant; the petitioner's dismissal argument was that once the accused / respondents were summoned under Section 204 of the CRPC, the trial court was asked to file Section 203 of Section 9 of the Unlawful Settlement Act, 2005. Had no jurisdiction to exclude the complaint unless otherwise provided. The provisions of the Criminal Procedure Code under the aforesaid Act apply under the provisions of the Criminal Procedure Act, although it was applicable, but was under the General Scheme of the Unlawful Settlement Act, 2005, a special law Was. Section 5 (1) of the Illegal Settlement Act, 2005 also introduced special methods of procedure that were exclusive to the court, which was obliged to conduct special inquiry; the court, after receiving the investigation report, applied its mind. Whether or not to proceed in this case under section 5 (2) of the Unlawful Settlement Act, 2005. The final power of the court will also come out whether or not to maintain the accused's attendance at the hearing before the trial is appropriate, as it would be in accordance with the principle of \ Audi UltraPremium. In this manner, the court will decide the important issue of proceeding with the trial more safely - whether or not the defendant's attendance was not violated by the law - the Investigation Report revealed that the tree dispute If we were on earth and moving

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