Law: Civil Procedure Code (V of 1908)

Section: 17

  Criminal Procedure Code (V of 1898), S. 17 (4)---Delegation of powers by Sessions Judge---Two districts "A" and "B" falling within one Sessions Division with. headquarters at "A"---Delegation of powers to District Magistrate at "B" by Sessions Judge during absence of Additional Sessions Judge at "B" held, valid. Exercise of delegated powers under section 17 (4), Criminal Procedure Code, 1898 by the District Magistrate at District "B" was challenged on the plea that since the Sessions Judge at "A" under whose jurisdiction fell also district "B" was himself present at headquarters "A" delegation of powers under section 17 (4) by him to the District Magistrate at B was not valid: Held: In a Sessions Division comprising more than one District, a Sessions Judge cannot be simultaneously present at both the District Headquarters nor for that matter can he be capable of acting at both the places, and as such there has to be an order of delegation in favour of the Additional Sessions Judge or in his absence the District Magistrate at a place other than the one where the Sessions Judge himself is available and capable of acting. Obviously, therefore, such a delegation is not open to question on the legal plane, in view, of well-settled principles of construction. Mapal v. Ghulam and others P L D 1953 Lah. I10 rel. Dates of hearing: 21st and 29th January 1970.   JUDGMENT On 26-6-1969, a fight took place in the revenue estate of village Ghulam Ali Gharbi, Police Station Kot Addu, District Muzaffargarh, between two parties over the possession of land, resulting in the death of Allah Diwaya and Abdul Hakeem from the side of Ghulam Jaffer petitioner and one Bashir Lahoria from the side of the respondents. Accordingly two cross-cases under sections 148, 302/149, P. P. C. etc. were registered against the members of both the parties, who were allowed bail on different dates by different Courts with the exception of one person on either side to whom fatal injuries were attributed. 2. Criminal Revisions Nos. 918 and 919 are filed by Ghulam Jaffer complainant for the cancellation…