Law: Criminal Procedure Code (V of 1898)

Section: 436, 439, 203

Law: Pakistan Criminal Law Amendment Act (XL of 1958)

Section: 4(3)(1), 5(6)

(a) Criminal Procedure Code (V of 1898) Ss. 436 & 439--Revision-Prayers made to Court to send case back for further inquiry by some other Police Officer and, to direct him to submit report to Court-Held: Provision of S. 436 does not contemplate issuance of order by High Court or Sessions Judge calling upon Police Officer to hold further inquiry, nor such order can be passed in exercise of revisional powers under S. 439. Section 436, Cr. P. C. empowers the High Court and the Sessions Judge to direct further inquiry by a Magistrate including a District Magistrate into any complaint which has been dismissed under section 203 or subsection (3) of section 204 or into the case of any person accused of an offence who has been discharged. This section does not contemplate issuance of an order by the High Court or the Sessions4udge calling upon a Police Officer to hold further inquiry and to submit report to the Sessions Judge or Special Judge. (b) Pakistan Criminal Law Amendment Act (XL of 1958) S. 4(3), proviso-Jurisdiction-Criminal trial-Petition filed before Senior Special Judge-Cannot be transferred to another Special Judge for disposal. The petition filed under subsection (6) of section 5 of the Pakistan Criminal Law Amendment Act was transferred by the Senior Special Judge to the Court of Additional Sessions Judge for disposal. Under proviso to subsection (3) of section 4 of the Criminal Law Amendment Act the Senior Special Judge may, by order in writing, transfer, at any stage of the trial, any case from the Court of one Special Judge to the Court of another Special Judge having jurisdiction within the same territorial limits. This proviso empowers the Senior Special Judge to transfer any case at any stage of tire trial from the' Court of one Special Judge to the Court of another Special Judge but it does not empower nor is there any other provision in the said Act empowering the Senior Special Judge to transfer a petition filed before him to the Court of another Special Judge for. disposal. (c) Pakistan Criminal Law Amendment Act (XL of 1958) Ss. 4(1) & 5(6)--Cognizance-Criminal trial-Complaint neither disclosing facts constituting an offence nor…