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MUHAMMAD SALIM versus FAZAL MUHAMMAD


The Pakistan Penal Code Sections 302/324/148/149 Criminal Code of Conduct (v. 1898), Sections 203 and 204 were found to be valid for proceeding through the trial court's validation of the High Court, for action after receiving the inquiry report. No suitable place could be found and consequently the High Court, rejecting its amended jurisdiction, rejected the said order, under which the trial court directed the court to take action according to the complaint. The complainant, of course, has the right to resolve his complaint, but was subject to it. Under the condition that sufficient ground was made for the proceedings, the accused had already filed an FIR about the incident, and about 14 months after that, the complainant filed a personal complaint. The reply came with a prescription, no suitable ground was available to prosecute the accused. In the case of a complaint, an unacceptable order passed by the High Court, therefore, was not sustainable in law and law and consequently the appeal was allowed by the Supreme Court.

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