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SYED ABDUL REHMAN SHAH versus STATION HOUSE OFFICER, POLICE STATION CITY, MANSEHRA


The Pakistan Penal Code section 188/341/427/148/149 Criminal Code of Conduct (v. 1898), a complaint was filed against the 555 accused under section 424/341/188/148 on the report of Section HO / 149, In the absence of a written complaint by the District Magistrate, the accused could not be charged under Section 188, PPC against the accused for alleged violation of the order passed by the District Magistrate under section 148, CCPC. Either it was himself or the Sections 341 and 427, the PPC was concerned that neither person came forward during the investigation, accusing him of wrongful restriction, nor did he own or allegedly own a petrol pump. Or damage was caused. The accused proceeded with the same allegations against the police officer who was the complainant in the case, he himself had investigated it and presented his challan in the court under which the case was dismissed. Again, Section 6161A was capable of interfering with the High Court in exercising its jurisdiction under the CRPC, even before the trial magistrate proceedings commenced on 24 249 A, CRPC. There was no option for redress in the matter under The court magistrate was guilty of misconduct and accordingly dismissed.

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