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PROF. SYED SADIQ HUSSAIN SHAH versus AZAD GOVERNMENT OF THE. STATE OF JAMMU AND KASHMIR THROUGH CHIEF SECRETARY


Pakistan Penal Code Sections 279, 337, 338 and 337G [as replaced by the Criminal Law (Amendment) Ordinance (XV of 1995)] General Clause Act (X of 1897), Section 6 accused the Magistrate under Section 279 , 337 and 338. The Code of Conduct, 1860, and the only amendment petition filed by the State against this order, was dismissed by the High Court stating that when the offense was proved, there is no doubt that Section 337, the Penal Code Can be punished under the amendment but only after the amendment was the district criminal court able to prosecute it under section 7337G, the sentencing rule, there was no substance. The nature of the crime was serious, but the punishment fixed for various types of injuries was also increased. Therefore, in section 777, exclusions cannot be said simply about the nature of the procedure as it has affected the fundamental rights of the parties and thus cannot function. Under section 7337G, the penal code was not on the law book in the history of the commission of the offense of the offender; it was compulsory hearing by the magistrate under section 7337, the criminal code and amended by the district criminal court. Not under section 33337. Yes, the panel code appeal was rejected accordingly [interpreting the constitution]

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