NAZAR HUSSAIN versus STATE
Sections 302 and 34 of the Constitution of Pakistan (1973), Article 199 Constitution Petition for Policing and Medical Report claiming that he was found innocent by the investigating agency and according to the post-mortem inspection report, the victim / The complainant's daughter was found dead suddenly and that she was not subjected to any form of torture by the petitioner. That the magistrate did not consciously use the mind in approving the anonymous order nor properly appreciated the discharge report which fully supported the applicant's case. And that no useful purpose can be achieved by instructing the police to submit the challan, because despite the rigorous efforts, the investigating agency failed to collect the evidence associated with the petitioner from the commission of the alleged murder of the accused and the court. I was not bound to the medical report. In the statements of the prosecution witnesses under Section 161, since the CCP had included the applicant and the medical evidence could not be scanned which made the post mortem examination. It is not, in the circumstances, that the magistrate could, in any case, approve an anonymous order, disagree with the discharge report and instruct the police to furnish the challan under Section 173, CR PC. Had committed irregularities. Even the High Court, while sitting in a constitutional jurisdiction, rarely intervened in such matters.
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