Law: Criminal Procedure Code (V of 1898)

Section: 36,167,176,337-F(i)(ii),337-L(2),435,439 A

Law: Pakistan Penal Code, 1860

Section: 354,354A

(a) Criminal Procedure Code (V of 1898)--- ----S. 36---Ordinary powers of Magistrate---Scope---Judicial and administrative orders---Scope---Magistrate, under Criminal Procedure Code, 1898 is entrusted with diverse duties and in discharging the same he does not always conduct judicial proceedings or is always amenable to the revisional jurisdiction---Some of powers and duties of the Magistrate under Cr.P.C. 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 the question whether the order is judicial or administrative because at some times the Magistrate perform duties by applying judicial mind but these proceedings are administrative in nature and some time orders are judicial orders. (b) Criminal Procedure Code (V of 1898)--- ----S. 36---Ordinary powers of Magistrate---Judicial order by Magistrate---Conditions. Following are the "traits of a judicial order" of Magistrate. (1) There must be power to hear and determine a controversy; (2) There must be power to make a binding decision (sometime subject to appeal) which may affect the person or property or other rights of the parties involved in the dispute; (3) It must involve the doctrine of res-judicata which has been held not to apply to the exercise of administrative powers; (4) It must touch the doctrine of functus officio which has been held not to apply to prevent the exercise of administrative powers; (5) It must be binding and conclusive in so far as it cannot be impeached in collateral proceedings and it cannot in general be rescinded by the tribunal itself. Bahadur and another v. The State and another PLD 1985 SC 62 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 36---Ordinary powers of Magistrate---Administrative order by Magistrate. Following are the traits of an "administrative order" of Magistrate. (1) Administrative functions consist of those activities which are directed towards the regulation and supervision of public affairs and the initiation and maintenance of the public service; (2) An administrative order is potentially open to attack for any material error…

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