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HUSSAIN AHMAD versus IRSHAD BIBI


Section 302/34 Criminal Code of Conduct (V9 1898), Sections 173 and 561 of the Constitution of Pakistan (1973) Article L85 (3) The magistrate filed four witnesses under Section 164, CR PC, approximately 16 days after the FIR was registered. Was examined, in which he was not named, and on the basis of his statements, he, in agreement with the police report, ordered the release of the accused, who was sent to trial by a competent court magistrate. Didn't have the authority to declare prematurely. CRPC's appeal denied for the purpose of determining the accused's innocence or guilt, which the Sessions Court High Court had rightly rejected the magistrate's order in exercise of his powers under section 561A. Was done accordingly

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