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SAFDAR HUSSAIN versus JUDICIAL MAGISTRATE


Section 167 of the Criminal Procedure (XLV of 1860), Section 395 Constitution of Pakistan (1973), Article 199 Duty Magistrate's Constitutional Request for Dismissal by the Officer, submitted that Section 167, Cr. The duty magistrate, of course, had no jurisdiction. To be discharged and sentenced to trial or sent to trial; and he could only order the accused to be sent to such jurisdictional magistrate if the accused presented to a magistrate for remand. He could have allowed detention if he had no jurisdiction to prosecute, but if he deemed the detention unnecessary, he could order the accused. The magistrate should be sent to have jurisdiction which the magistrate ordered without any jurisdiction, which was invalid when the initial magistrate discharged the accused using his powers under section 167, CR PC. Was unable to pass an order to perform, was inappropriate order set aside for being illegitimate, incompetent and incompetent

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