BAQA MUHAMMAD KHAN versus CUSTODIAN OF EVACUEE PROPERTY, AZAD GOVERNMENT OF JAMMU AND KASHMIR, MUZAFFARABAD
Criminal Code of Conduct (CR PC) S, 86 Constitution of Pakistan (1973), Article 199 Constitutional application for arrest warrant was a civil dispute between the parties, but the Assistant Political Agent arrested the applicants / alleged creditors. Issued a warrant of, only to appear before applicants / alleged creditors on failure. Not being present in court in civil cases was certainly not a crime under which an arrest warrant can be issued / arrest warrant can be issued against the applicants. The powers under Section 86A, CCPC can only be exercised if the applicants were charged with the commission of a crime and failure of the applicants to appear before the Assistant Political Agent, if that offense If they do not prove, they can be taken in advance if they fail to appear. Before Assistant Political Agent
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