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HAJI KHAN versus STATE


The tension of proceedings of Sections 112, 107, 117, 151 and 561 of the Code of Criminal Procedure had not yet commenced and no opportunity was allowed to pass an order under sub-section (3) of 5117, c. The RPC argued that under Order 1111, the CCP could not be approved by the magistrate unless the order under Section 117 (3), CCP was passed. Cannot be accepted, there is no reasonable basis for interference with the order passed by the magistrate under section 112. CCP proceedings pending before magistrate not present

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