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Criminal Procedure Code (V of 1898)---Ss. 154, 173, 190(1), 193(1) & 561-A---Penal Code (XLV of 1860), Ss.302 & 34---Qatl-e-amd, common intention---Order of cancellation of F.I.R. in "C" class by Magistrate---Application for quashing of order---Powers of Magistrate to record evidence in Sessions case and sending case to Court of Session---Magistrate, though could not record the evidence in sessions case, but that would not mean that he had to automatically send the case for trial to the Court of Session, simply because a section relating to an offence exclusively triable by the Court of Session had been mentioned by the Police in challan---Magistrate on having taken cognizance of such a matter, placed before him by the Police, was required to send it to the Sessions Court, in order to determine whether the allegations made in the Police report, had made out a prima facie case---Magistrate could not determine the nature of offence, as to whether or not the case was triable exclusively by the Court of Session---Magistrate was not competent to dispose of a sessions case, while cancelling the F.I.R. or Police report---Magistrate could draw the inference and conclusion, and then transmit the same to the Sessions Court, as it was for that competent court to decide whether cognizance, was to be taken or otherwise---In the present case, offence under Ss.302, 34, P.P.C., was exclusively triable by the Court of Sessions, Magistrate, after receiving the report under S.173, Cr.P.C., was required to forward the same to the Sessions Court without recording, or discussing any evidence, as provided under S.190, Cr.P.C.---Impugned order passed by Magistrate being coram non judice to the extent of cancelling the F.I.R. in 'C' class was set aside---Magistrate was directed to forward the report submitted by the Investigating Officer under S.173, Cr.P.C. to the Court of Session for its disposal/trial. Syeda Afshan v. Syed Farukh Ali PLD 2013 Sindh 423 ref. ORDER SYED MUHAMMAD FAROOQ SHAH, J.---Impugned is the order dated 21-6-2013 passed by the learned Civil Judge/Judicial Magistrate VIIth Karachi (West) whereby the charge sheet submitted under section 173, Cr.P.C. by…

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