| Citation(s) |
|---|
| 1980 SLG 1782 1980 SLD 1782 1980 PCRLJ 569 |
Sindh High Court
Criminal Revision Application No. 78 of 1978, 18/08/1979
MUHAMMAD ZAHOORUL HAQ, J
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Criminal Revision Application No. 78 of 1978, 18/08/1979
MUHAMMAD ZAHOORUL HAQ, J
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Yousuf Hussain
VS
The State And 25 Others
Law:
Section:
Keywords: Evidence, Magistrate, Cognizance, Recording, Set Aside, Without Jurisdiction, Procedure, Jurisdiction, Order Result: Order set aside JUDGMENT The only contention advanced by Mr. M. H. Shah is that the learned Additional Sessions Judge while dismissing the complaint under section 307/326/325/147/122/120-B, P. P. C. Could not at on the basis of evidence which had been recorded by 1st Class Magistrate and hence be could not dismiss the complaint as he did on 4th April, 1978. Counsel has con tended that the First Class Magistrate was not authorized to take cogni zance of an offence under section 307, P. P. C., and hence, the statements of witnesses recorded by him did not exist in law. The Magistrate had acted under sections 200 and 202, Cr. P. C. By recording the statement of the complainant as well as the witnesses directly without any reference of the same or without any order from any Court of Sections. The contention of the learned counsel seems…
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