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MUHAMMAD SHOAIB versus STATE

Sections 409, 411 and 34 of the General Clause Act (X of 1897), Section 24 of the Constitution of Pakistan (1973), Article 199 of the Constitution Petitioner and his co-accused, were found innocent after investigation and discharge before the Magistrate Section. The report was prepared and submitted. 30, who did not agree with the exclusion report and observed that under Section 409, the PPC was included in the F1R as a scheduled offense, only by a special judge. The case could be prosecuted by the local police, who then submitted a discharge report to the special judge, who did not accept the report. The question orally observed that 40 409, PPC was not a scheduled crime magistrate then the order was passed in which it was observed that the competent court having jurisdiction in this case To file a report under Section 173, Cr PC. It was challenged by the constitutional petition on the ground that the defamation orders were against the law and against the facts of the case and were approved mechanically. The records passed by the magistrate were disclosed without scrutiny. That they were used in a mechanical manner without justice and the police file was passed without any understanding of the legality of the Clause Act 1897, provided that any authority, whether judicial or gas court, or even An executive authority has the authority to pass the order, the reasons were required to be specified. The unidentified orders could not be termed a judicial or spiking order, stating that the injunctions were observed by the magistrate that the offense was committed under 40 409. patent advocate from Mardan lawyer