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MADAH HUSSAIN versus TALIB HUSSAIN


Sections 561A, 247 and 403 of the Code of Criminal Procedure (XLV of 1860), sections 323 and 324 were summoned for trial in a private complaint on suspicion of stopping proceedings. The complaint was later dismissed for non-submission of the complaint under section 247. The CCP Complainant filed a new complaint on the basis of which the accused was again summoned, submitted under Case S 247, CCPC Sections 247, CPC 323 and 324, under PPC Will not act as a restriction of action. The dismissal of the earlier complaint cannot be considered invalid in the sense of section 403; the CCPC's action was dismissed under the circumstances.

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