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ALLAH DITTA versus ADDITIONAL SESSIONS JUDGE, SHEIKHUPURA


Section 9489 F-Constitution of Pakistan, Section on9 Constitution Constitutional Petition Unlawful Continuation of Inquiry Continuing on Criminal Procedure During Civil Procedure, Defendant Appeal of Civil Suit Filed Against It by Defendant The lawsuit was filed after the registration. There was no pending before the case was registered. Civil and criminal proceedings can be commenced simultaneously and the criminal case should be allowed to proceed on its own merits. Legal proceedings for the continuation of criminal proceedings related to the same transaction. Were not Proceedings can proceed at the same time, because punishing for a criminal offense was a different matter than civil liability, while the motive and purpose of criminal action was to punish the offender for the commission of a crime, while the purpose behind the civil action. Had to be implemented. The rights arising from the agreements can proceed with both civil and criminal proceedings without any legal restriction, and the courts could not preclude an action for another decision of the civil court, but also in criminal proceedings to establish the fact of those facts. Was not admissible on which he was prosecuted in a criminal trial. Therefore, it cannot be restrained unless the decree of its civil suit refuses to stop the criminal proceedings against the accused, there is no illegal movement or disturbance, the Constitution. The request was excluded accordingly.

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