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IFTIKHAR HUSSAIN versus GOVERNMENT OF PAKISTAN


Pakistan Penal Code Sections 409, 420, 468, 471 and 109 of the Prevention of Corruption Act (II of 1947), Section 5 (2) of the Constitution of Pakistan (1973), Article 199 of the Law Reform Ordinance (XII of 1972), Section 3 ( 2) The intra-court appeal of the Constitutional Appeal filed by the accused in connection with the termination of the FIR filed by Kushna single judge, the accused filed an intra-court appeal against the dismissal order. Was. Syed's appeal was objected to on the basis that the constitutional application under which the Code of Criminal Procedure is processed and appealed and revised, the appeal against the order passed by the single judge, was not sufficiently valid to the High Court. In order to seize the right of appeal, it had to be shown that the original order of filing a case under the Code of Criminal Procedure was a viable and renewable action, and neither it was manifest nor renewable, merely the fact that it was against The orders, which were not challenged before a single High Court judge, were appealed and revised by the Criminal Code. The court could not snatch the right to appeal against a single judge's order even if the co-accused was in police custody. The remand order does not equate to a constitutional petition setting a remand order that was renewable. The C-constitutional application was filed by the accused when there was no remand order and the accused did not challenge the FIR registration nor the remand order act which was approved after filing the constitutional application.

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