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…RULING This application by way of Chamber Summons brought under section 123 of the Criminal Procedure Code seeks order that the applicants case which was cancelled by the trial magistrate in KIB/CR.…

…I have considered the application as well as the affidavit in support and the submissions by counsel for the applicant and the learned state counsel and it can’t be said that this application lacks in merit which the applicant…

…On the basis of that reasoning this court struck out the joint affidavit and with it also went the application it was supporting as without a supporting affidavit the application would not be in compliance with the provisions…

…The resultant effect is that being an incompetent plaint it cannot anchor a competent interim application. The interim application therefore has no base and cannot be sustained. iv.…