Law: Criminal Procedure Code (V of 1898)

Section: 498

(a) Criminal Procedure Code (V of 1898), S. 498 read with Criminal Law (Special Provisions) Ordinance, 1968 (West Pakistan Ordinance II of 1968), S. 28-Bail-High Court, jurisdiction of Term "proceeding" as used in S. 28-To be interpreted as consisting of continuous process commencing with taking "cognizance" of case by proper authority and culminating in final disposal thereof b y way of trial, appeal or revision under relevant provisions of Ordi nance-"Proceeding" having commenced before proper Authority under provisions of Ordinance - Jurisdiction of ordinary Court, including High Court, held, barred throughout such proceeding. Jan Muhammad and another v. Home Secretary to Govern ment of West Pakistan and others P L D 1968 Lah. 1455; Home Secretary, Government of West Pakistan and 2 others v. Jan Muhammad and another P L D 1969 S C 333; Emperor v. Fazal Rehman and others A I R 1937 Pesh. 52; Mst. Rani and others v. Chandu and another P L D 1969 Kar. 463 and State v. Syed Fazal Hussain Hashmi Criminal Revision No. 6 of 1968 rel. (b) Criminal Procedure Code (V of 1898), S. 498 read with Criminal Law (Special Provisions) Ordinance, 1968 (West Pakistan Ordinance (II of 1968), Ss. 4 & 28-Bail-High Court, jurisdiction of-Term "cognizance"-Moment a case involving alleged commis sion of scheduled offence is placed before proper authority, and such authority takes "judicial notice" of facts constituting such offence, case drawn into ambit of Ordinance and cognizance taken under S. 4 of Ordinance-Constitution of tribunal in terms of S. 5 of Ordinance an act subsequent to taking of "congnizance" and not a condition precedent and thus proceedings start when cognizance taken by Deputy Commissioner and not when actual trial before Tribunal begins-Deputy Commissioner duly taking "cognizance" of cave under S. 4 of Ordinance-Mater would fall to be regulated solely by provisions contained in Ordinance to the exclusion of Courts functioning under Criminal Procedure Code, 1898-Jurisdiction of High Court under Criminal Procedure Code, held, excluded in view of provisions contained in S. 28 of Ordinance -…