KHADIM HUSSAIN versus THE STATE
Section 302/324/109 Criminal Code of Conduct (v. 1898), Sections 265D and 439 were found guilty by the police and dismissed under Section 63, CRPC, while the other accused named in the FIR. The challan was also canceled and the challan was presented in the magistrate's court which, after admitting it, was present in the first information report to the sessions court for hearing of the charges against the accused and section 161, The statements of the prosecution witnesses were recorded under CR PC and if it was immoral then their names were mentioned in column number 2 or 3 of the challan. On the whole, therefore, the sessions court was available to prosecute the accused and the order to seek their trial was neither illegal nor based on inappropriate and attractive reasons. The inappropriate order was not interfered with in the circumstances and accordingly the revision request was dismissed.
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