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MST. SABRAN BIBI versus THE STATE


Investigations and discharges of sections 156, 157, 173 and 190 of the Constitutional Code (XLV of 1860), Article 452 Constitution of Pakistan (1973), Article 199 Constitutional Application Investigation Officer, were found to have resulted in the trial of the accused because of the investigation. There was no inaccurate evidence during that time. His superior police officer recommended canceling the FIR against the accused but the Meteor Magistrate did not agree with the cancellation report. In retrospect, the prosecution's story was found to be unfounded and the case was found to be canceled. Once again the magistrate did not agree and instructed the police to furnish the challan. The Syed order of the case magistrate was challenged in the constitutional petition and the High Court set aside the order for the magistrate to be granted without any legal authority and the jurisdiction of the High Court was finalized, as well as the higher forum. Not challenged before, again, on the complainant's request, the magistrate directed that the cancellation of the Secito report be submitted to the NH O challan, which was re-challenged in another constitutional petition in which the High. The court again ordered the cancellation of the FIR, but the magistrate once again offered challan time. Ordered and once again all the investigating agencies preferred the report to cancel the case. The crime was found and no evidence of any kind was found by the inquiry agency during the investigation. Under Section 90, CRPC, it was open to the magistrate to link the accused to the crime even though the police believed there was no case. Was set up against the accused, but nothing

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