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MST. SHAMIM ALIAS MARIYUM versus D.I.-G. EAST ZONE


Sections Pakistan 75, 87 87 and Constitution 88 Constitution of Pakistan, Article Constitution 199 charged Constitutional petition Declaration of absconding accused Placing abusive person's property on an extraordinary file. The trial court refused to issue his arrest warrant and did not adopt the procedure provided under Sections 87 and provided 88. The PC trial court also placed the case on an inactive file, a legal case. The trial court should exercise the powers available under Sections 75, & 87 and, 88, Cr. PC, and if the action fails under the aforesaid provisions, then the case should be kept on an inactive file, in the present case, under Section 87 and, 88, CRPC disregarding the options available to it, including Attaching the properties of the accused. The High Court directed that reasonable efforts should be made to arrest the accused, and in the event of non-compliance by the police, the (trial) court could write a letter asking them to issue the necessary instructions. The constitutional request was dealt with accordingly

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