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AZMAT BIBI versus MST. ASFA RIAZ


Article 403 Constitution of Pakistan (1973) Art: 13 Compensation Rules (XLV of 1860), Section 338/109 Crimes of Adultery (Enforcement Hood) Ordinance (VII of 1979), Section 10 for Complaint Applicable to Risk Was dismissed, dismissing an illegal prosecution and other complaint in connection with the same offense. After being dismissed, it was said that the two complaints filed a third complaint on the same facts, which led to the objection that the earlier complaints were to be dismissed. Section 340C is forbidden by CRPC to file a fresh complaint because it was a double risk, and previous dismissals are the same as acquittal of the accused because of the opportunity to present evidence earlier. Complaints were rejected. Complainant, but rejected on technical grounds when the principle of double jeopardy applies only if CA Se or a private complaint was decided on merit and dismissed, or the complainant or the State Bar has evidence. After the full opportunity of presenting the accused, the accused was acquitted. If the earlier complaint was dismissed because there were not enough grounds available after the legalization of the case, further complaint would be made. The preliminary evidence to summon the accused and also the decision on the merit will be equivalent to the dismissal or withdrawal of the illegal prosecutor's complaint, there will be no money to acquit the accused.

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