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MUHAMMAD ASGHAR versus ADDITIONAL SESSIONS JUDGE

Sections 379, 440, 506, 148 and 149 of the Constitution of Pakistan (1973), Article 199 Constitution Petitioners were summoned to the accused by the PPC Magistrate, seeking their complaint under Sections 379, 440, 506, 148 and 149. Yes, the complaint faces a trial for the above mentioned crimes. The magistrate's order was set aside by the Additional Sessions Judge and the trial was remanded to the trial court / magistrate for a new verdict. Accreditation The magistrate can prosecute and prosecute the accused, but that will not mean that the magistrate / trial court can summon the accused without being called. The available evidence was to go through the court's evidence, to make up his mind, and then if any crime was proved, the accused would have to take action. The court was not required to summon the accused for all the offenses mentioned in the face of the complaint without any mental jurisdiction; the present case was controversial and in any case under sections 148 and 149, PPC was not declared a crime. Was, but still the trial court / magistrate additional session judge was asked to bring the accused to trial, in the circumstances the trial court / magistrate received appropriate remand to appreciate the evidence, however, the additional session. The judge erroneously directed the accused to appear before the trial court, as was once ordered to summon. Put aside, then the accused could not be called "accused" and their presence was not required before the trial court. Unless they sought the order of the Additional Sessions Judge, the High Court amended to the extent that the accused was not required to appear before the trial court. online advocate from Dera Bugti lawyer