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MUHAMMAD SHARIF versus JAMSHED ALI


Pakistan Penal Code Section 452/506 Criminal Procedure Code (V9 1898), Section 417 (2A) [As Regulated Criminal Procedure (Second Amendment) Act (XX 1094), Section 31 Limitation Act (IX Of 1908), Section 5 / 14 The appeal against the wrongful complainant challenged the defendant's succession by the magistrate under section 249A, CR PCC, because of the absence of the testimony of the prosecution witnesses through a review petition, But not illegally excluded. Bray's appeal was a hearing. The complainant subsequently filed an appeal under section 417 (2A), with the CRPC complaining for the delay in receipt of the application under section 5/14 of the late Act 1908. The contributor was unaware of Section 417, subsection (2A) of CR. The PC, pursuant to a special circumstance and capable of expressing delay in the matter, sincerely pursued its review petition before the Sessions Court on section 5/14 of the Limitation Act, 1908, Within the case, the appeal had to be preferred that it could not be said because of the complainant's softening of the competent witnesses' ability to appear before the trial court, but rather that the trial magistrate proceeded unethically in the case. Was His attendance was not obtained in a normal manner or by the coercive methods adopted and obtained by Section 249A, CRPC, therefore, the applicable trial magistrate did not conclude, but it was possible for him to conclude. Not that the allegation was baseless. Or that in the circumstances of the trial, the accused had no chance of committing a crime because the prosecutor's denial of the opportunity for the prosecution to present the witnesses

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