Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------Ss. 302, 148 & 149 --------- Criminal Procedure Code (V of 1898), Chapt. XXII-A [Ss. 265-A to 265N], Ss. 200, 202, 247 & 417(2) --------- Qatl-i-amd and rioting armed with deadly weapons --------- Private complaint --------- Dismissal for absence of complainant --------- Grievance of complainant was that Trial Court in exercise of powers under S. 247, Cr.P.C., dismissed the complaint for her non-appearance --------- Validity --------- Discretion provided under S. 247, Cr.P.C., was to be exercised (i) by Magistrate; (ii) only in cases of non-cognizable or compoundable offence; as such it reflected intention of the legislature behind non-availability of similar provision of law in Chapt. XXII-A, Cr.P.C., which had provided procedure for trials to be conducted by sessions courts --------- If any private complaint case was pending before that was to be dealt in accordance with the procedure laid down in Chapt. XXII-A of Criminal Procedure Code, 1898 and not in the manner as was erroneously adopted by Trial Court --------- High Court set aside the order passed by Trial Court as the same was illegal and provisions contained in S. 247, Cr.P.C., could not be exercised in session trials --------- High Court remanded the case to Trial Court for further proceedings in accordance with law --------- Appeal was allowed in circumstances. (b) Administration of justice --------- ----------When a thing is provided to be done in a particular manner it is to be done in that manner and if it is not so done, it is illegal. THIS JUDGMENT DELIVERED BY: SYED SHAHBAZ ALI RIZVI, JUSTICE:---------- Through this appeal, Nasreen Akhtar (appellant) has assailed the order dated 05.11.2002 passed by the learned Addl. Sessions Judge, Gujrat in a private complaint case titled Nasreen Akhtar v. Mian Abbas, SHO etc. offences under sections 302, 148 and 149, P.P.C. whereby, the learned trial court acquitted the accused respondents while dismissing the complaint under section 247, Cr.P.C. 2. The machinery of law was set into motion by Mst. Nasreen (appellant) who on 10.12.2001 filed the afore-referred private complaint with the assertions that…

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