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FAZAL HUSSAIN versus MUHAMMAD ASHRAF


Section 133 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 of the Public Distress Chapter Code of Criminal Procedure, 1898, on obtaining information on a public disturbance by a magistrate to deal with public problems. It was clearly ordered to take action. The spirit of the chapter was to be practiced and every word of the law was to be interpreted in the same way as the magistrate himself had taken a quick way in rejecting the complaint made by Section H on the public road encroachment. Through the petitioner, the magistrate appeared to have dealt with the matter administratively rather than following a legal procedure, the courts had rightly rejected the magistrate's order and directed that He should take action accordingly. Accordingly, the applicant was refused to appeal the leave of law

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