Law: Governor-Criminal Procedure Code (V of 1898)

Section: 439

(a) Criminal Procedure Code (V of 1898), S. 439 read with Criminal Law (Special Provisions) Ordinance (11 of 1968), Ss. 4 & 28-Revision-Magistrate's order directing case to be regis tered under Criminal Law (Special Provisions) Ordinance, 1968, challenged as ultra vices-High Court, held, competent to reverse such order-Jurisdiction sought to be exercised not different from that available in writ jurisdiction to quash ultra vires orders. State v. Allah Rakhio Khan P: S. L. A. No. K-19 of 1968 rel. (b) Criminal Law (Special Provisions) Ordinance (11 of 1968), Ss. 2(6) & 4 - Magistrate with delegated powers of District Magistrate taking cognizance of offence under Ordinance Cannot invite opinion of District Magistrate whether case be taken up under Ordinance or normal law District Magistrate's order directing case to be heard under Ordinance-Hell, without lawful authority. (c) Criminal Procedure Code (V of 1898), Ss. 190(1)(b) & 344-Remand-Magistrate passing order of remand to custody Presumed to have taken cognizance of offence-Cognizance of offence-When presumed to have been taken. It is the application of the mind of a Court to the facts of a particular case which may amount to taking cognizance in the matter. When the remand is applied for, for the first time, a report is submitted by the Investigating Agency obviously under section 167 of the Code of Criminal Procedure, that investiga tion cannot be completed within 24 hours and there are grounds for believing that the accusation or information is well-founded against the persons arrested. This information has to include copies of the entries in the diary relating to the case. These papers along with the accused have to be transmitted to the Magistrate. Each time when a request for remand is made to the Court under section 344, Cr. P. C. the Court has to apply its mind to the evidence already obtained against the accused and has to be satisfied for the grant of the custody of the accused to the police for the collecting of further evidence in the case. Obviously, this can be done when the Court has taken cognizance of the offence. (d) Criminal Procedure Code (V of 1898), Ss. 190(1)(6)…