Law: Criminal Procedure Code, 1898

Section:

Criminal Procedure Code (V of 1898),  Ss. 436 & 494 (a)---- Power to order further inquiry under S. 436-Extends to case of person discharged under S. 494.   An order of discharge passed on withdrawal of the case by the Public Prosecutor does not amount to an acquittal. There is no difference in law in the case of a person discharged by a Magistrate on a consideration of the evidence tendered against him and of a person discharged at the instance of the Public Prosecutor under section 494 of the Criminal Procedure Code, 1898. Hence the power to order further enquiry conferred by section 436 of the Criminal Procedure Code, 1898 in the case of persons discharged extends to the case of a person discharged under section 494 (a) of the Code.   A I R 1929 Lah. 315 and A I R 1933 Nag. 78 rel. Date of hearing: 5th December 1960.   JUDGMENT   Mr. Fazl-i-Illahi Ansari, Additional Sessions Judge, Jacobabad has made this reference under section 438, Cr. P. C. to this Court for quashment of the order of committal passed against Yousaf, Buxan, Amir Bux and Khan accused by Mr. Amirali Khan Talpur, Sub-Judge and F. C. M. Jacobabad. The reference has arisen out of the following circumstances Yousaf, Buxan, Amir Bux and Khan were put on trial on 18-2-58 in the Court of Sadiqah Khoja, Sub-Judge and First Class Magistrate, Jacobabad under section 395/397, P. P. C. and 19-E Arms Act. On 24-4-58 the Public Prosecutor, Jacobabad, made an application under section 494, Cr. P. C. to the learned Magistrate for the withdrawal of the case. On 3-5-58 the learned Magistrate discharged the accused under section 494-A, Cr. P. C. Ganwhar who had lodged the F I. R. filed a revision petition under section 435, Cr. P. C., against this order of discharge and the Sessions Judge, Jacobabad, after hearing the parties and accepting the petition ordered further enquiry into the case. Pursuant to this order further enquiry was held by Mir Amirali Khan Talpur, Sub-Judge and First Class Magistrate, Jacobabad who on 24-11-59 committed the aforesaid accused to the Sessions Court for their trial. The case came up for trial before Fazl-i-Illahi Ansari, Additional Sessions Judge,…