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MARBLE AND MARBLE (PVT.) LTD versus K. E.S.C


Article 39 Criminal Code of Conduct (v. 1898), Section 249 Constitution of Pakistan (1973), Article 199 Termination of Case High Court scope Applicants / Constitutional jurisdiction of the Constitution Referred to the first trial court under Section 249A, CRPC Without filing directly. In the constitutional petition to end the criminal case against him, the remedy was not exhausted before providing legal forum for constitutional jurisdiction. There was no additional or alternative alternative to the constitutional jurisdiction. The constitutional jurisdiction could not be ruled out. Although the High Court in constitutional jurisdiction was very broad, but should not be used to disregard the express provisions of the law, the High Court should weigh, evaluate or evaluate the evidence of litigation or defense under the constitutional jurisdiction. No, the evidence was the work of the trial court. The delay in filing an FIR cannot be termed a valid ground for qualification. In each case, on the question of whether there is a good delay in the proceedings and the effect on the result, the trial court will have to consider the prosecution's case at that time. The source could be considered and determined when the witnesses of the prosecution were examined and the applicant / accused's prayer was offered for investigation. The pending criminal case against him was a misunderstanding and consequently he was dismissed.

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