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RIASAT ALI BHATTI versus STATE


Section 302/324/34 Constitution of Pakistan (1973), Article 185 (3) can be decided on the basis of the evidence that the accused has not yet been recorded in the case related to the trial case. Was. Prior to the trial court, where the parties would be given a reasonable opportunity to prove their point of view, the prima facie case was prepared on the basis of an inquiry report made by the magistrate on which the High Court had established its fact. The fact was considered that the alleged encounter could not be determined using the jurisdiction under Article 185 (3) of the Constitution as the matter falls under the jurisdiction of the trial court but the leave to appeal was denied in the circumstances. ?

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