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MAZHAR NAEEM QURESHI versus STATE


Sections 156 and 423 (1) (b) of the Criminal Procedure Code (XLV of 1860), Section 409 of the Prevention of Corruption Act (II of 1947), Section 5 (2), are in practice of the High Court. The source also ordered a re-investigation of the case in connection with the legal status of his appellate jurisdiction where the accused (appellant) appeared as a witness against the offender in both forums and in addition to the criminal trial. At that stage, he was not found involved in the short acquisition of cash. No review was filed in the High Court against the trial court's decision, nor did the State Council make any oral prayer to order a re-investigation of the matter, and the High Court, in its discretion, rejected the High Court. Had made such an order controversial. The interference in an earlier investigation by the competent authority was not in accordance with the principle laid down by the Supreme Court in the case of Shahnaz Begum as reported in PLD 1971 SC 677 in the case of Shahnaz Begum. Section 3 (3 (1) (b)), under the CCP, was not authorized to order a re-investigation or to direct its judgment or the High Court's decision to the extent the accused appellant.

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