Find a Lawyer

ABID HUSSAIN versus IKRAM-UL-HAQ CHAUDHRY

Section 167 and 169 of the Criminal Procedure (XLV of 1860), Section 380 Constitution of Pakistan (1973), Article 199 Constitutional petition denying the remand and removal of the accused from the FIR if the accused presented to the magistrate for remand. If there was no jurisdiction to prosecute, he could authorize detention, but if he deemed the detention unnecessary, he could order the accused to be remanded to a jurisdictional magistrate under whose remand. The refusal was made and the accused was acquitted of the FIR, the duty magistrate said Sunday, adding that the magistrate had tried the accused There is no jurisdiction if it is said that the magistrate believes that further detention should be made, he could have sent the accused to the magistrate having jurisdiction, to try it without any jurisdiction. The improper order was passed and accordingly it was in the provisions of section 167, CRPC did not consider the discharge which was provided only under section 169, CRPC magistrate. 67, Cr, unable to approve the order to exclude the accused using powers under CRPC, the High Court quashed the constitutional petition. Will using illegal, unjustified and rejected an order of court immigration advocate from Kachhi/Bolan lawyer