Law:

Section:

Conciliation Courts Ordinance (XLIV of 1961), S. 3 read with Penal Code (XLV of 1860), Ss. 323 & 324 Originul accusations constituting prima facie offence under S. 324, P. P. C.-Magistrate after examination of witnesses framing charge under S. 323, P. P. C-Ultimate findings, in circumstances, held, immaterial so as to oust jurisdiction of Magistrate under S. 3 (1)(a). A criminal Court derives its jurisdiction from the original allegations made in the petition of complaint and not from the facts and materials subsequently brought on record during the trial. The forum of trial is to be determined upon the basis of the allegations made at the initial stage and not upon ultimate findings reached at the trial. Where the complaint is one under section 324, P. P. C. and. the allegations therein make out a prima facie case under that section, the Magistrate has jurisdiction to try the case and this jurisdiction will not cease, if afterwards, during the trial, the case transpires to be one under another section or section 323 of the Penal Code which is triable by the Conciliation Court. Subsequent finding on facts or change of sections during the trial will not oust the jurisdiction of the Court. He may again convert the charge into one under section 324, P. P. C., if the materials so justify, at any stage of the trial. The criminal Court which had initial jurisdiction to deal with the matter has right to proceed with the trial of the case. The bar of section 3 (1) (a) of the Conciliation Courts Ordinance, 1961 will not affect the jurisdiction of the criminal Court in the circumstance of the case. JUDGMENT ABDUL HAKIM, J.-This is a reference under section 438 of the Code of Criminal Procedure made by Mr. M. A. Jabir, Sessions Judge, Dinajpur with a recommendation to quash the proceedings in Criminal Case No. 1079/C/65/281/66 pending in the Court of Mr. M. A. Hamid, Magistrate 1st Class, Dinajpur and to send the matter to the Conciliation Court for disposal as the case is exclusively triable by the Conciliation Court and the criminal Court has no jurisdiction to try the same. The short facts of the case are that one Samad Ali filed a petition of complaint in the…