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MUHAMMAD DILDAR HUSSAIN versus THE CIVIL JUDGE/JUDICIAL MAGISTRATE, SHUJABAD


Section 302 Criminal Code of Conduct (v. 1898), Sections 167, 169, 170 and 173 Constitution of Pakistan (1973), Article 199 Constitutional Petition Magistrate's physical remand of the accused was requested by the police under section 1767 to complete the magistrate's investigation. To do so, the PCs had only two options, either to remand or to deny the reasons recorded and to send a judicial lockup to the accused so that the magistrate had no choice or jurisdiction to do so. May they acknowledge it and be excluded. As a Section 302, the accused was declared specially heard by the Sessions Court and had to be sent to trial by the Sessions Judge in the event of submitting a final report under Sections 169, 170 and 173, the PC The magistrate had traveled not only on the leave of the accused but outside his jurisdiction but had also seized the authority of the investigating agency which resulted in the impugned order passed by the magistrate declared illegal and rational. The Jurisdiction and Investigation Officer was instructed to continue the investigation of the adjacent case with the same magistrate, if the Investigation Officer S law has also been directed to submit a report on the proper order, according to the petition has been accepted

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