MST. AMTUL MUBIN ALIAS MST. MUBIN KARIM versus MAGISTRATE ILLAQA, SOUTH CANTT LAHORE
Criminal Code of Conduct (CR PC) Section 173 (3) of the Conduct Code (XLV of 1860), Section 302/307/34 read with Section 324 [Amended] Constitution of Pakistan (1973), Article 199 Although discharge of magistrate The police request on the order of the accused to do so was administrative in nature, but the magistrate should not be allowed to submit his discretion to the police order and act in an authoritative mechanical manner through the magistrate himself rather than through the investigating agency. Was bound to apply his free mind to the facts contained on the record. Set your own opinion which was lacking in this matter, such order of magistrate was upheld and according to the law a remand was taken to take fresh decision on the matter.
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