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MUHAMMAD IRSHAD versus THE STATE


Sections 200, 202, 203 and 204 of the Penal Code (XLV of 1860) Section 302/325 Crimes of Adultery (Enforcement Hood) Ordinance (VII VI of 1979), Section 11 Constitution of Pakistan (1973), Article 203 DD Complaint Case Rules The complainant alleged that the accused had poisoned the deceased and the local police had not declared the accused in the challan without any justification and they were not shown in column 2 of the challan. That the complainant had prayed that the persons should be summoned, prosecuted and the case decided against them as there was sufficient evidence against them, Upon receipt of the complaint, the trial court acted as if the trial court had not applied its mind to plead with the complainant instead of seeking them. The contents of the petition filed by the complainant which was in fact a complaint and should have been treated as if the procedure adopted by the trial court was unnecessary and should be treated as a complaint at the time of receipt of the application under the law. And the trial court should have taken action under section 200, the PC trial court did not adopt the procedure, its order was set aside by the Federal Shariat Court. The case was returned to the trial court for review and to proceed with law

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