THE STATE versus DUR MUHAMMAD
In sections 164 and 265 K of the Criminal Code (CRPC), while the sessions court passed the order under 5 265K, the CR PC observed that recording of the statement of the accused under the Tehsildar / Second Class Magistrate 5 164 Not eligible, CR PCS Sessions Court's observation was invalid because the said Tehsildar / Magistrate was authorized to record the statement under section 164 under the notification of the provincial government, illegal in the face of the PC sessions court. The verdict was set aside and the case was remanded. To the Sessions Court for trial and decision according to law
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