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AMINA BIBI versus SESSIONS JUDGE, LAYYAH, DISTRICT LAYYAH


Sections 164 and 439 of the Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 11 Constitution of Pakistan (1973), Art 199 Constitution Petition denied by the Magistrate, to record the statement of witness under Section 164, P.C. Being a Judicial Magistrate, was able to record statements and confessions during a police investigation under Section 1, a Magistrate of the First Class, CCPC and witnesses also in Section 1 Section C, CRPC He can be reached to obtain his statement under the CRPC, without having to record during the investigation, the police had to give witness by the magistrate to record his statement. It was not appropriate to refuse to enjoy the plea because the magistrate's honesty was to exercise his authority honestly, fairly and with justice and, subsequently, to refuse to record his statement. It is necessary. A written order has been made in support of an authentic cause, because the law did not leave the discretion without supervision. Sessions Court T was also not justified in rejecting the said witness (the applicant) on this basis. That his lawyer could not show him any clause of the law under which a meteoric magistrate or a judicial magistrate could be instructed to record a statement under section 164 under, proceeding under PCCPC section 64 Cr under The CCP is being reviewed, the Sessions Court should be aware of its revision power under Section 9A9A. That was, the CCC court remanding the applicant's request was CCPC Remarks, therefore, the unapproved and unapproved order was granted.

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