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AMAN ULLAH versus SHAUKAT ALI


Section 1767 Constitutional Code (XLV of 1860), Article 1993 Constitution of Pakistan (1973), Article 199 Constitutional application Physical remand of the accused / accused persons remained on physical remand with the police for six days and thereafter the concerned magistrate filed a judicial lockup. Sent to The Magistrate's order was challenged by the applicant / complainant in the review which was rejected by the Additional Sessions Judge, while the Additional Sessions Judge was challenged by the Complainant in the constitutional petition, while on the matter. After detailed discussion, the order denied interference. The magistrate held that the magistrate was justified in denying further physical remand of the respondent / accused; the Additional Sessions Judge found that, after giving six days physical remand, Magistrate rightfully sends accused to judicial lockup without extending remand period Or, under it were not committed any illegal act. Additional interference with the magistrate as well as additional cess has not been called for

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