Law: Criminal Procedure Code (V of 1898)

Section: 28,30,561A,SchedII

Law: Pakistan Penal Code, 1860

Section: 337A(i),337L(2),365,147,148,367

Criminal Procedure Code (V of 1898)--- ----Ss. 28, 30, 561-A & Sched.-II---Penal Code (XLV of 1860), Ss.337-A(i), 337-L(2), 365, 147 & 148---Trial---Court, jurisdiction of---Addition of offence---Investigating officer prepared his investigation report and submitted challan before Magistrate (First Class) for trial but the Magistrate while taking cognizance observed that offence under S.367 P.P.C. was made out and he had no jurisdiction to try the same---Magistrate sent reference to Sessions Judge, who entrusted the same to Additional Sessions Judge for trial---Plea raised by accused was that in Sched.-II of Cr.P.C., offence under S.367, P.P.C. was triable by Court of Session and Judicial Magistrate could take cognizance of the case---Validity---Provisions of S.30, Cr.P.C. excluded applicability of S. 28, Cr.P.C. in clear terms by making exception to it in respect of courts mentioned in Column 8 of Schedule-II of Cr.P.C.---Magistrate First Class with powers under S.30, Cr.P.C. had jurisdiction to try all those offences, which were not punishable with death---Judicial Magistrate by sending reference to Sessions Judge for entrusting case to Court of Session, as offence under S.367, Cr.P.C. was not triable by it, was an illegal exercise of jurisdiction by the court concerned---High Court set aside order of Judicial Magistrate as well as that of Sessions Judge by which case was entrusted to Additional Sessions Judge for trial---High Court withdrew the case from court of Additional Sessions Judge and entrusted the same to Magistrate S. 30, Cr.P.C. for conclusion of trial---Petition was allowed in circumstances. Allah Wasaya and others v. Sikandar Hayat and others 2012 SCMR 193 and Noor Hussain v. The State PLD 1996 SC 88 ref. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---Shaukat Ali, respondent No.2, had set into motion criminal machinery by lodging F.I.R. No.1253, dated 26-9-2006 registered under sections 365, 341, 337-A-I(i), 337-L(ii), 147 and 148, P.P.C. at Police Station Nishatabad, District Faisalabad against 13 persons. 2. Initially investigations in the case were conducted by Muhammad Ashraf, Sub-Inspector, but subsequently Basharat Ali Sub-Inspector…

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