Law:

Section:

Criminal Procedure Code (v or 1898).-

---- ss. 190 & 193 --- Constitution of Pakistan (1973), Art. 199 --- Magistrate once having taken cognizance of the matter and then having sent up the case to the Court of Session had no authority either in law or in propriety to then discharge the accused --- Such action of Magistrate would amount to pre empting the exercise of jurisdiction by a superior Court i.e. the Court of Session and besides being highly improper, was even contemptuous --- Whole exercise appeared to have been undertaken in bad faith --- Action of Sessions Judge in asking the Jail Authorities not to release the accused persons in question in pursuance of the discharge order passed by the Magistrate and direction as to the arrest of the accused persons who stood already released in pursuance of the said discharge order was not wrong in circumstances-- Manner in which the case in question having once been challaned with the approval of the legal branch of the Police Department and the District Attorney was then condemned by the same officers within a few days of the views earlier expressed by them was depricated by the High Court --- Notices were ordered to be issued to the Magistrate, District Attorney, Assistant

District Attorney concerned, the Assistant Superintendent Police (Legal), the Assistant Superintendent of Police of the area to show cause why proceedings should not be taken against them for their conduct in that behalf.