Law: Criminal Procedure Code (V of 1898)

Section: 176,435

Law: Pakistan Penal Code, 1860

Section: 34,337-F(i),337F(ii),337-L(ii),354,354A

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 435--Standing Medical Board--Revisional Jurisdiction--An Executive order--Petitioner filed an application before learned Judicial Magistrate, for constitution of Medical Board for re-examination of injured, said application was dismissed, where-after, a criminal revision filed by petitioner also met same fate vide order passed by learned Additional Sessions Judge-Dismissing application for constitution of medical board, is administrative order and thus not revisable under Section 435, Cr.P.C.--An order of Judicial Magistrate allowing or dismissing an application for medical re-examination of injured being an executive order, is not amenable to revisional jurisdiction-both injured persons were medically examined almost seven months ago, injuries sustained by victims are covered under Sections 337-F(i), 337F(ii) and 337-L(ii), PPC, after such long with all probability wounds must have healed up, therefore, it would be a futile effort to get them medically re-examined at this belated stage. 2010 YLR 2772; 2010 PCrLJ 1799; PLD 2007 Lahore 176; PLJ 1997 Lahore 1568; 2017 MLD 1828; 2010 YLR 2772; 2010 PCrLJ 1799; PLJ 2001 Cr.C (Lahore) 355; 1984 PCrLJ 2588; PLD 1985 SC 62; 2004 MLD 1401, ref. Powers of Magistrate-- ----Under Criminal Procedure Code a Magistrate is entrusted with diverse duties and in discharging same, does not always function as a Court, conducts judicial proceedings or is amenable to revisional jurisdiction--Some of his powers and duties under Code are administrative, executive or ministerial and he discharges these duties not as a Court but as a persona designata--Mere name or designation of a Magistrate is not decisive of question because at some times Magistrates perform their duties by applying their judicial minds but these proceedings are administrative in nature and some time their orders are judicial orders and guiding principles have been settled by superior Courts in this respect. Executive Order-- ----Re-examination of injured persons--Revisional jurisdiction--An order of Judicial Magistrate allowing or dismissing an application for medical re-examination of injured being an executive…

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