Law: Criminal Procedure Code (V of 1898)

Section: 408(b),30

Criminal Procedure Code (V of 1898)--- ----Ss. 408(b) & 30---Appeal from sentence passed by Judicial Magistrate under S. 30, Cr.P.C.---Forum---Accused persons were convicted by Judicial Magistrate under S. 30, Cr.P.C. and sentenced to seven years imprisonment and fine---Accused persons filed appeal against their conviction before the Additional Sessions Judge, which was dismissed being coram non judice and returned for presenting before the High Court in view of S. 408(b), Cr.P.C.---Legality---Section 408(b), Cr.P.C. stated that a sentence of imprisonment for a term exceeding 4 years, passed by Assistant Sessions Judge, shall be appealable to the High Court---Word "Magistrate/Judicial Magistrate" did not find mention in S. 408(b), Cr.P.C., therefore, said section was not applicable in case of a sentence passed by a Magistrate under S. 30, Cr.P.C.---Impugned order was set aside with the direction that appeal before the Additional Sessions Judge should be considered to be pending---Revision petition was allowed accordingly. Aman Ullah v. The State 2005 PCr.LJ 1435 rel. THIS ORDER PASSED BY: MUHAMMAD ANWAR KHAN KASI, C.J.--- This Revision Petition challenges the order dated 11-2-2013, passed by Mr. Rafaqat Ahmed Khan Awan, learned Addl. Sessions Judge-VI [West] Islamabad, whereby the appeal of the appellants[petitioners herein] under sect-ion 408(b), Cr.P.C. was returned for presenting before a appropriate forum as being coram non judice within the purview of section 408(b), Cr.P.C. 2. It is inter alia contended that the appeal was filed by the petitioners-appellants against their conviction and sentence of seven years and fine of Rs.50,000, passed by Mr. Nasrumminallah, learned Judicial Magistrate section 30 Islamabad, vide order dated 30-1-2013 and, therefore, the learned Addl. Sessions Judge as Appellate Forum had the jurisdiction over the matter, because the case was transferred to him by the leaned Sessions Judge West Islamabad. It is further contended that return of appeal is without any lawful justification and condemnation of petitioner without hearing. In support of his contentions, learned counsel relied upon case-laws cited as 2005 PCr.LJ 1435, 1991…

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