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GHULAM DASTGIR versus NIAZI


The leave to appeal the Criminal Procedure Code (CR PC) section 202, the Conduct Code (XLV of 1860), sections 323, 406 and 420 Constitution of Pakistan (1973), Article 185 (3) was granted on the ground that the High Court It was unsuccessful. Notice that the second complaint filed by the complainant appellant was related not only to the offense mentioned in the first complaint but also to the two different offenses and hence, they were maintained in accordance with the law and the basis for the trial court. But he could not be excluded. Was not limited to the crimes for which the first complaint was lodged and for that reason the second complaint should have been dealt with in accordance with the provisions of section 202, so the PC judge of the High Court consequently set aside the sessions court. He, however, erroneously directed the entire trial, including Section 323, PPC, in which the accused respondents were already acquitted of the judgment of the complainant and, in the second complaint, the second case for the same offense. Will not be run, thus directing the trial court to deal with the second complaint in respect of offenses under Sections 420 and 406, PPC only. Was done

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