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MUHAMMAD SADIQ versus STATE


Criminal Code of Conduct (CR PC) Sections 167 and 63 Penal Code (XLV of 1860), Section 457/380 Constitution of Pakistan (1973), Article 199 Constitution Magistrate dismissed the accused when the investigating officer detained him in the custody of the police. The further order was remanded that the order of discharge was under section 1767, CRPC, which was not equivalent to canceling the case and that the investigating officer could proceed with the investigation and arrest the accused. May apply to the Magistrate upon guarantee of any material warranty for. Report to him and his under section 173, CCP was not yet made, the position of magistrate was not in the order of trial court sessions court order, this matter has so far been pursued by law by the magistrate. Sending to remand. It was found that the magistrate was not justified in acquiring the accused, therefore, without legal authority and no legal influence was declared, accordingly the constitutional application was dealt with.

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