Law: Criminal Procedure Code (V of 1898)

Section: 17(3),517

Criminal Procedure Code (V of 1898)--- ----Ss. 517 & 17(3)---Disposal of property regarding which offence committed---Applicant, by way of revision application had impugned order of Assistant Sessions Judge, whereby application under S. 517, Cr.P.C. for return of his gun, the subject matter of case, outcome of FIR registered under Ss. 324, 353, 427 & 34, P.P.C., was dismissed---Maintainability---Section 17(3), Cr.P.C. laid down that Assistant Sessions Judge shall be subordinate to Sessions Judge of the District within which he exercised jurisdiction---Sessions Judge from time to time could frame rules for distribution of business among the Assistant Sessions Judges---Assistant Sessions Judge had no original jurisdiction whatsoever, and his jurisdiction depended upon what the Sessions Judge devised for him---Conversely, the Sessions Judge could withdraw any case that might be pending on the file of Assistant Sessions Judge--Held, that revisional jurisdiction against the order of the Assistant Sessions Judges rested with the Sessions Judge---Revision application was dismissed for want of jurisdiction. Abdul Rahim v. Abdul Rauf and others 1983 PCr.LJ 1390 rel. THIS JUDGMENT DELIVERED BY: IRSHAD ALI SHAH, J.--- The applicant by way of instant criminal revision application has impugned order dated 20.04.2017 of learned Ist. Assistant Sessions Judge, Sanghar, whereby his application under section 517, Cr.P.C. for return of his gun, the subject matter of case outcome of FIR Crime No.24/2016, under sections 324, 353, 427 and 34, P.P.C. of Police Station Sinjhoro, was dismissed. 2. On being asked, how the instant criminal revision application could be maintained before this Court, as the order which is impugned is passed by the learned Assistant Sessions Judge? 3. In response to above, it was stated by the learned counsel for the applicant that entire revisional jurisdiction in criminal cases lies with this Court, if orders are passed by Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge. 4. While rebutting the above contention, it was stated by learned APG, that the revisional jurisdiction against order of Assistant Sessions Judge lies with…

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