ZAREEF KHAN versus SESSION JUDGE PESHAWAR
A procedure magistrate for controlling sections 86A and 561A of the Code of Criminal Procedure (CCPC), released the accused on the grounds that the disputes between the parties were considered urban and the tribal area sessions court. Refused to send in custody in order. In keeping with the aforesaid order of the magistrate, the accused was directed to be handed over to the Political Agency for further necessary action; the accused had a civil case for refund due to the loan under the complaint for all intensive purposes. The case was filed by the police for pressure, which was purely civil in nature. Such an aspect of the case was so clear and explicit that even this complaint shows that it was not necessary to conduct an investigation. Section 86A, CCPC and the accused may be refused to be detained in the tribal area and then not in accordance with the spirit of the Sessions Court order. Consequently, section 86A, CCP was set aside and the magistrate was restored accordingly.
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