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MIRZA ALI KHAN versus HIDAYAT ULLAH KHAN


Section 561A & 32 Penal Code (XLV of 1860), Section 499, 500, Article 12 of the Constitution of Pakistan, Remanding Criminal Magistrate / Trial Court Order for Extension of Defamation Punishment, found guilty guilty Went and was fined Rs 10,000. Ten thousand) charged, he said that the amount of punishment or punishment and fine complainant was not challenged, the accused filed an amendment request and the trial court ruled. And the review / appellate court not only upheld the conviction of the accused, but also increased the fine from Rs 10,000 to Rs 100,000 (one lakh) while the accused filed an application under section 555A, CR PC offense. The appellate court had sought to abolish the said order. , As the complaint was made in the year 1992, while under PP500, the PPC was filed in 2004, before the amendment, the sentence provided under Section 500, PPC, in the period of offense, in particular Was not fixed. ; And as a first-class magistrate, on the day of the commission of the crime, section 32, CR PC was not authorized to impose a maximum penalty of Rs. Later, the review court could not grant more than one sentence. , Which may have been imposed by the Magistrate Substitutional Law, applied, amended, will not work prejudice, but was probably amended by Section 500, PPC 2004, provided under The amount of punishment, and the period of imprisonment and penalties have been increased. The offender will not be affected, the crime has been committed, but certainly before any amendment to the Constitution, any accused who violates the provisions of the Constitution /

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