Law: Criminal Procedure Code (V of 1898)

Section: 439, 176

Criminal Procedure Code (V of 1898) S. 439 read with S. 176-Revision-Jurisdiction-Contention that Magisterial enquiry under S. 176, Criminal Procedure Code is not subject to revisional jurisdiction of High Court because S. 176 postulates a final and effective order to revise order passed on such inqutry-[Piara Singh v. The State and another A I R 1958 Ph. 141; Piara Singh v. The State and Another A I R 1958 Pb. 430 and P. Rajangham v. The State of Madras A I R 1959 Mad. 294 dissented from]. Piara Singh v. The State and another A I R 1958 Pb. 141; Piara Singh v. The State and another A I R 1958 Pb. 430 and P. Rajangham v. The State of Madras A I R 1959 Mad. 294 disserted from. Khuda Bakhsh v. Province of West Pakistan and another P L D 1957 Lah. 662 rel.   JUDGMENT This revision petition is directed against the report of Haji Muhammad Akram, S. D. M., Leiah, dated 11th of January 1964, which he made under section 176 of the Criminal Procedure Code to the District Magistrate in respect of the death of Hamidullah who died in police custody. 2. According to the special report submitted by the S. H. O., Leiah, to the S. D. M., Leiah, it transpires that Hamidullah had been arrested by the police for lurking house trespass into the house of one Maqbul Alam on the night between 2nd and 3rd of November 1963. He was admitted into the hospital but died on 8th of November 1963. 3. It appears from the resume of facts given by the learned Magistrate that Hamidullah was found with a knife on the night between 2nd and 3rd of November 1963, in the house of Maqbul Alam (C. W. 1) at about 3 a.m. Maqbul got up and set the light on. He tried to catch Hamidullah but the latter hit him with a knife on his back. Maqbul hit Hamidullah with a lathi and the blow fell on the latter's nose. Hamidullah tried to scale the northern wall of the house and was given two lathi blows by Maqbul. Hamidullah, however, succeeded in scaling the wall and entered the house of Qazi Muhammad Ramzan who grappled with him. Hamidullah was going to hit Qazi Muhammad Ramzan with his knife when Maqbul shouted from behind with the result that Hamidufah left the place and ran away. He was chased by Qazi…