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KHALID MEHRBAN versus JUDICIAL MAGISTRATE, MURREE


Sections 169 and 173 of the Law Reform Ordinance (XII of 1972), Section 3 intra-court appeals inquiry into sending a report under section 173; CRPC after investigation by magistrate police found the appellant / accused innocent Found and removed the appellant in a report sent to the magistrate under CRPC police, but the magistrate refused to agree with the report sent to the police and summoned the complainant as well as the appellant against the magistrate. In a detailed inquiry into the witnesses, the High Court filed a constitutional petition filed against the Magistrate's order. Rejected. The Legislature of the High Court did not commit any illegal determination of the constitutional jurisdiction of the High Court while disagreeing with the police report sent under Section 173, CCPC and recording the complainant's evidence: The witness, having gone beyond his jurisdiction as a magistrate and assumed the role of the trial court in the case, investigated a criminal case and consequently reached the police about the innocence or otherwise of the appellant. The trial court did not agree with the opinion of the police, which had no control over any other authority. I was able to enter and submit evidence to the court by the police charge sheet in the current court. The magistrate was not sent, but a simple report was sent to the CRPC under section 173; it was sent to the CRPC praying for the accused / appellant if the accused in the criminal case. Was not recommended for trial, then Section 173, CRPC

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