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IBRAHIM KHAN versus STATE


Sections 154, 173, 190 (1), 193 (1) and 561 A Penal Code (XLV of 1860), Sections 302 and 34 Qatl e amd, revoked an FIR in the \ C \ Class by a magistrate application under the joint intention. Order the magistrate's authority to record the evidence in the session case and to send the case to the Court of Session magistrate, although they cannot record the evidence in the session case, but that does not mean that they have to go to trial automatically. The session had to be sent to the court, simply because a section specifically related to the crime being heard by the court session was referred to the police by the police on such a case in the challan magistrate. What happened was that he needed to be sent to Sessions Court to determine if the magistrate could not determine the nature of the crime before the charges were laid in the police report. Whether the case was exclusively heard by a magistrate's court. Intention to settle a Sessions case, when the magistrate can identify and conclude the FIR or the police report, and then send it to the Sessions Court, as this competent court had to decide. Whether or not any matter was to be taken from it. Otherwise, in the present case, after receiving the report under section 230 PP, 34, offense under PPC, especially court session, under magistrate, section 737373, CRPC, without recording the hearing. , Or without discussion, it was necessary to send the session to court. Any evidence, as provided under section 9090under, orders the PC's impeachment to make any decision without the magistrate to the extent of canceling the FIR in the CC / Class.

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