Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 164---Qanun-e-Shahadat (10 of 1984), Art. 140---Power of Magistrate to record statement and confession---Scope and nature---Powers given to Magistrate under S.164, Cr.P.C. were of discretionary nature and if such a statement was recorded by him it would become admissible in evidence at the trial under Article 140 of Qanun-e-Shahadat, 1984, whereby the maker of the statement, complainant or a witness, could exonerate or implicate a person with regard to commission of an offence---Said discretion had to be exercised judiciously according to the facts and circumstances of each, case and based upon good reason that the grant of such permission would advance the cause of justice---If Magistrate, prima facie, would find that some mala fide was behind seeking such permission, he was under no obligation to record the statement. Fateh Shah v. Muhammad Hassan and two others 1983 PCr.LJ 1893; Muhammad Sarfraz Khan v. The Crown PLD 1953 Lah. 495; Fateh Shah v. Muhammad Hassan and others 1983 PCr.LJ 1893; Gul Ghameer v. Jene Alam and others 1999 Cr.LJ 388; Mst. Shehnaz v. The State 1995 PCr.LJ 868 and Nahar Singh v. Emperor AIR 1921 Allahabad 61 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 12, Ch. XIV, (Ss.154 to 176) & 164---Magistrate, territorial jurisdiction of---Power of Magistrate to record statements and confession, etc.---In view of appointment of a Magistrate by competent authority under S.12, Cr.P.C., exercise of his jurisdiction with regard to his powers, was limited to his local area---If same was not defined, it was exercisable in the whole of the District of his appointment/posting---Power of recording confession or other statements under S.164, Cr.P.C., was directly related to the investigation of case to be governed and regulated by Chapter XIV of Cr.P.C.---Jurisdiction of the Magistrate regarding such statement would have to be construed in the same context---Ordinarily, statements under S.164, Cr.P.C. were to be recorded by a Magistrate of the District, where the case was registered and preferably by a Magistrate having territorial jurisdiction in the matter in terms of S.12 of Cr.P.C.,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492