Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 190 & 193---Penal Code (XLV of 1860), Ss. 500 & 502-A---Defamation---Cognizance of complaint by the Sessions Judge---Scope---Complaint under S. 500, P.P.C. was filed before the Sessions Judge who took cognizance of the same---Validity---Offences under Chapter XXI of Penal Code, 1860 to be tried by Court of Sessions, however cognizance was to be taken by the Magistrate---Court of Session could not take cognizance of any offence falling under Chapter XXI, P.P.C. as a Court of original jurisdiction unless case was sent to it by a Magistrate---Impugned order passed by the Sessions Judge was set aside---Revision was allowed in circumstances. Awal Khan v. The Superintendent of Police Attock and others 1989 PCr.LJ 909; Anwar Ali Khan and others v. Wahid Bux and others 1991 SCMR 1608; Roshan Ali v. Amir Bux and others PLD 2002 Kar. 115; 2006 SCMR 562; 1993 SCMR 941; PLD 2010 Kar. 328; 2002 MLD 209; 2006 SCMR 562; 2009 PCr.LJ 405; 2012 PCr.LJ 1560; PLD 2010 Lah. 300 and 1993 SCMR 941 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 190---'Cognizance'---Meaning. Khush Bakht-ur-Rehman and another v. The State 1985 SCMR 1314 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 190---'Trial'---Meaning. Haqnawaz v. State 2000 SCMR 785 rel. (d) Interpretation of statutes--- ----When statutory amendment was clear and expressive, words could not be interpolated. THIS JUDGMENT DELIVERED BY: MUSARRAT HILALI, JUSTICE:----------- Impugned herein is the order recorded by learned Additional Sessions Judge-VIII, Mardan dated 18.5.2015, whereby he took cognizance of the complaint filed by respondent No.1 under section 500, P.P.C. and processed the same for trial on merits. 2. Background of the case is that respondent No.1 filed a complaint against the petitioners under section 500, P.P.C. before the Sessions Court with a prayer for prosecution and trial of petitioners. It is stated in the complaint that some days ago due to altercation among the petitioners with his brothers-in-law on the matrimonial issue of their married sister, occurred in their house, the father of petitioners being old man died due to heart attack…

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