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MUHAMMAD ISHAQUE versus THE STATE


Sections 561A, 200, 202 and 537 Panel Code (XLV of 1860), Section 452/337A (i) (ii) / 354/148/149 sought to terminate the application on two grounds. Was gone The complainant was not recorded on the oath the same day the complaint was lodged, but it was recorded after several delays and such deferments were completely disregarded by the provisions of Section 1, CRPC. And said that deviation from the procedure is sufficient to resolve the complaint. Second, that the entire proceeding was not filed by the prosecuting witness, as well as by the presiding officer himself, rather than by the complainant's statement, but was justified by the court reader or any other official section 200 , PC needs checking. The complainant's complaint at the time of taking the oath was at the same time and not compulsory. If the magistrate postponed the proceedings for inspection of the complainant, it could not be considered fatal even if the complainant had been compelled before proceeding. If the investigation was a failure, it was merely irregular, it was treatable under clause 573, the CCP magistrate, who ordered some court officials to take action, filed a complaint at the conclusion of the complainant's statement. The testimony as well as the statement of the prosecution's witness was listed in the presence of this certificate. It must be assumed that there is a justification for the magistrate, whether due to a physical disability or otherwise ordering the court officer to act in his presence and hearing is not a reasonable basis for terminating the proceedings. In the event that the request is dismissed

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