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MUHAMMAD AMJAD versus THE STATE


Section 249A & 561A Penal Code (XLV of 1860) of Criminal Code (CRPC), Section 406 acquitted the trial court after closing some of the remaining evidence at trial, but against the bad order. Upon reconsideration; the appellate court remanded the case for proceeding on a merit because the defendant was not eligible for review against the verdict, even though there was a disagreement on the merits of such review. That is, the court should take the matter under remand in lower court for the CCP, the facts and the circumstances of the case, in the proceedings under Section 561A, the challan case. The magistrate was obliged to summon witnesses and even use torture, taking steps for them to close evidence only after eliminating all legally available methods to compel attendance of magistrate witnesses. That is, after failing to do so, the magistrate's entire course became illegal and the wrong case was properly remanded in the circumstances.

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