Law: Criminal Procedure Code (V of 1898)

Section: S. 4 (1)(h)

Law: Frontier Crimes Regulation (III of 1901)

Section: Ss. Il, 14 & 15

  Criminal Procedure Code (V of 1898), S. 4 (1)(h) "Complaint"-Essentials.   Frontier Crimes Regulation (III of 1901), Ss. Il, 14 & 15 Accused discharged under S. 209, Cr. P. C.-Deputy Commissioner referring case to Council of Elders, without setting aside order of discharge, and without `fresh complaint" within meaning of S. 4 (1) (h), Cr. P. C.-Reference illegal. JUDGMENT   Dilbar Khan alias Dilbarai son of Muzzafar Khan, resident of Kot Beli, Tehsil and District Bannu, was convicted under section 302/34 P. B. C., and sentenced to ten years' R. I. by the order of Deputy Commissioner, Bannu, dated the 5th of January 1961, accepting the recommendation of the Council-of-Elders. Dilbar has moved this Court for issue of a writ of habeas corpus, challenging the conviction as illegal.   2. The facts giving rise to this writ petition, so far as they are not in dispute, may be narrated. On the night between 26th and 27th September 1955, one Muhammad Zaman, son of Muqarrab Khan, was murdered in his house. The F. I. R. was lodged by Muqarrab Khan, father of the deceased, in which nobody was charged. Later on he charged five persons, namely, Dilbar, Muzaffar, Sar Anjam, Mir Zaman and Ata Muhammad. On the 17th of November 1955, the Deputy Commissioner, Bannu (Arbab Noor Muhammad Khan) referred the case against the accused to the Council-of-Elders, under section 11 of the F. C. R. The Deputy Commissioner by his order dated the 15th of March 1956 discharged Muzaffar, Mir Zaman and Ata Muhammad. On the 12th of June 1956 the Members of the Jirga submitted a unanimous award holding :-   That Dilbar had secured the services of Mirzaman as hired assassin and got the deceased killed.   That Sar Anjam was not guilty.   Arbab Noor Muhammad Khan, the Deputy Commissioner, by his order dated the 18th of June 1956, accepting the recommenda tions of the Jirga sentenced Dilbar to 14 years' R. I., subject to the confirmation by the Commissioner F. C. R. Sar Anjam was acquitted. The Deputy Commissioner gave further direction that Mir Zaman the hired assassin to be rearrested "in view of the finding of the Jirga and…