Law: Criminal Procedure Code (V of 1898)

Section: Ss. 40, 41 read with S. l0

Law: Penal Code (XLV of 1860)

Section: S. 120-A

  Criminal Procedure Code (V of 1898), Ss. 40, 41 read with S. l0-Additional District Magistrate appointed under sub section (2i of S 10-Competent to exercise powers even after his transfer to some equal or higher office in same local area -Additional District Magistrate appointed Additional Deputy Commissioner in same local area-Competent to exercise powers of Additional' District Magistrate in absence of notification under S. 41 withdrawing ' all or any of such powers.   Mupal v. Ghulam P L D 1953 Lah. 110; Hamed Haji v. The Crown A I R 1923 Mad. 598; Emperor v. Karimbux A I R 1933 Sind 398 and Zaheer- ud-Din v. Collector, Lahore P L D 1962 Lah. 453 held not applicable.   Queen Empress v. Viranna I L R 1892 Matt. 132 and In re N. Ramaratnam A I R 1944 Mad. 302 rel.   Penal Code (XLV of 1860), S. 120-A-Criminal conspiracy can be inferred from acts and conduct of parties-Overt acts Court bound to infer that they must have been in connection with criminal conspiracy-Inference of conspiracy can be drawn from facts established.   Criminal Procedure Code (V, of 1898), S. 253 (2)-Order of discharge-Pre-'requisite-Magistrate should come to conclusion that charge is groundless-Complaint prima facie disclosing offence-Magistrate not to hold charge to be groundless without examining witnesses-Magistrate, without examining witnesses proposed to be examined by prosecution, discharging accused holding charge to be " rather weak "-Order of discharge, held, perverse.   Penal Code (XLV of 1860), S. 409 and Criminal Procedure Code (V of 1898), S. 253-Criminal breach of trust-Discharging accused after examining some prosecution witnesses-Premature.   Chan Elliam v. L. H. Welling on A I R 1939 Rang..377 rel. JUDGMENT   Muhammad Ashraf, Muhammad Umar Khan, Tariq Mahmood, Agha Aman and Muhammad Aslam were put on trial for offences under sections 409, 420, 477-A read with sections 109 and 120-B, P. P. C. Mr. Ali Muhammad, a section 30 Magistrate at Lahore, proceeded to frame a charge under sections 467, 471, 477-A and 408, Pr P. C., against Muhammad Ashraf. Agha Aman was charged for offences under section 467, 471/109…