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MST. MUZAMMEL S. SHAFQAT versus MUHAMMAD FAROOQ


Criminal Code of Conduct (CCPC) Sections 193 (2), 350 (1), 526 (1) (E) (II), 528 (1A) and 537 of the Code of Conduct (XLV of 1860), Section 302 of the Constitution of Pakistan (1973), Article 199 Constitutional Petition Submission of Part Hearing Case by Sessions Court, Additional Session Judge commenced hearing of the murder case under Section 193 (2), CR PC by Sessions Judge. Kurdi and heard the session on exchange. The Judge moved the hearing of the said section to another Additional Sessions Judge, who was not posted to the Additional Sessions Judge who had heard the case but against the vacant vacancy already granted by the Sessions Judge. The order was legally withheld. No power was granted by the Sessions Judge, however, it was only of a technical nature that did not materially affect the trial, and Section 373737, CRPC, means treatable. Was irregular. Therefore, the court itself transferred the case to the aforesaid Additional Sessions Judge, with constitutional jurisdiction [Mushtaq Ahmed v. State 1982 PCRL J288 disagreed].

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