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MUHAMMAD BASHIR versus FAZAL HUSSAIN


Pakistan Penal Code Section 420/465/467/468/471/109 Criminal Code of Conduct (v. 1898), Sections 439A, 439 (5), 417 (2) and 561 were acquitted by the magistrate. The complaint under section 249A, CRPC Complainant, was the remedy for filing an appeal against the aforesaid injunction under section 417 (2) in the case, before the CCPC revision petitioner, the complainant before the Sessions Court. Was, therefore, not authorized and the injunction on the victims was illegal and civil litigation proceeded unlawfully between the parties on the same subject. It also cannot be ruled out that the complainant filed a private complaint with a neutral motive and personal motive in order to prevent the accused from pressing and suppressing his case independently in a civil court. Because of misconduct, the end of private complaints cannot be allowed to continue, resulting in the improper order passed by the sessions court.

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