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AHMED DIN versus A.S.J.


Sections 200, 204, 248 and 403 constitution of Pakistan, Article 13 Panel Code (XLV of 1860), Section 302/109/34 Qatiel Ahmed and Abbott Complainant filed a private complaint under Sections 302, 109 and 34 regarding murder. That is, after the preliminary proceedings, his sister was summoned by the trial court, but after the withdrawal of the complainant's request, the complaint was dismissed, the witness of the withdrawal complaint filed against the same accused. A new criminal complaint was filed under the offense. After completing the preliminary proceedings, the court summoned the accused through an unlawful order, arrest was made on the charge of maintaining a second criminal complaint, there was no restriction in filing the second or third complaint, which included regular trial. After that the accused were not acquitted. In the present case, the accused was not acquitted after the regular trial. The Accommodation Criminal Complaint, therefore, did not face any illegal interference or, accordingly, a weak review request was dismissed, however, the High Court observed that a private complaint to a Sessions Judge or Additional Sessions Judge Is not authorized to withdraw, under which the trial court's order allowed the complainant to withdraw the first complaint, so it was withdrawn, and the said complaint was to be considered clearly before the trial court High Court. It was directed that the case of the present complaint be upheld against the accused and the first complaint will be followed by the result.

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