Law: Criminal Procedure Code (V of 1898)

Section: 200,355,356,537

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 420,467,468,471,34

Criminal Procedure Code (V of 1898)--- ----Ss. 200, 355, 356 & 537---Penal Code (XLV of 1860), Ss.420, 467, 468, 471 & 34---Constitution of Pakistan, Art.199---Cheating and dishonestly inducing delivery of property, forgery of valuable security, will etc. forgery for purpose of cheating, using as genuine a forged document, acts done by several persons in furtherance of common intention---Constitutional petition---Applicability of S.356, Cr.P.C.---Scope---Omission to examine complainant on the same day and failure of Magistrate to prepare memorandum of evidence under his own hand--- Effect--- Failure to examine complainant on the same day was irregularity which was curable under S.537, Cr.P.C. and complaint could not be dismissed on this score alone---Section 355, Cr.P.C., dealt with record in trials of certain cases by Magistrate---Word 'inquiries' was though not mentioned in S.355, Cr.P.C., but same was included in S.356, Cr.P.C.---Under S.356, Cr.P.C., presence of the Magistrate or the Sessions Judge was the essential requirement while evidence was being recorded--- Statements of witnesses contained/bore signature of the Magistrate showing that statement of complainant was recorded in the presence of Magistrate so presumption arose that statement of witnesses were recorded in superintendence and presence and personal direction of the Magistrate---Omission to make memorandum of evidence by Magistrate under his own hand by itself did not vitiate the proceeding as such omission was curable under S.537, Cr.P.C.---Order passed by Magistrate suffered from no illegality---Constitutional petition was dismissed. Shamim v. The State PLD 1966 SC 178; PLD 1959 (W.P.) Lah. 186 and PLD 1958 SC 392 rel. ORDER SIKANDAR ZULQARNAIN SALEEM, J.---Azeem Mubashar was summoned along with two others as an accused to face trial in complaint case titled "Pervaiz Iqbal and others v. Azeem Mubashar and others" for the offences under sections 420/467/468/471/34 P.P.C. vide order dated 24-5-2014 passed by the learned Magistrate section 30, Daska. Feeling aggrieved the petitioner assailed the said order in a revision petition before the learned Additional Sessions Judge, Daska. The…

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