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ASIF ALI NAQVI versus STATE


Sections 3 423 and 9439 of the Azad Jammu and Kashmir Islamic Sanctions Laws Enforcement Act (IX of 4444), section 25 dismisses the review for illegal prosecution. He was tortured by the police and the trial court appointed a sub-judge. In order to probe the allegations of torture on the co-magistrate, Syed order of the trial court was challenged by the complaining party in the Shariah court, whose appeal was dismissed for non-prosecution, saying it was a criminal matter. It is necessary therefore to revoke the dismissal order. In the Code of Conduct, there was no concept of dismissal for an illegal prosecution that once a criminal appeal has been admitted, it must be decided on merit. Cannot be denied for illegal prosecution, only for appeal and It will not be modified. No appeal was made before the Shariah court, but a revision petition was filed which did not relate to crime or innocence but was filed to challenge the order of any person through which an inquiry was made. Was ruled that the application for review of the principles applicable to the appeal was not applicable and criminal review could be excluded for unlawful proceedings.

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