Law: Frontier Crimes Regulation (III of 1901)

Section: 11,14

Law: Criminal Procedure Code (V of 1898)

Section: 209,403

(a) Frontier Crimes Regulation (III of 1901)------   ----Ss. 11 & l4 "Person accused of an offence"-Whether means only a person against whom case is pending either in Sessions or any inferior Court but not a person discharged.   Section 14 of the Frontier Crimes Regulation, 1901, does not say that a case can be referred to a Jirga under section 11 of the Regulation only, if it is pending in a Court of Session or in an inferior Court. Section 14 only prescribes the stage at which a pending case during its progress can be withdrawn. The section prohibits the withdrawal of a case from the Court of Session, after the commencement of the proceedings and from an inferior Court after the order of conviction or acquittal is passed and in this manner places restriction on the power of the Deputy Commissioner in reference to a pending case. The language of the section does not purport to convey by any stretch of imagina tion that a person against whom no case is pending in either-of the Courts mentioned therein cannot be tried by a Jirga.   (b) Frontier Crimes Regulation (III of 1901)------   ----S. 11 and Criminal Procedure Lode (V of 1898), S. 209-Person discharged by Enquiry .4 Court under S. 209, Cr. P. C.-Continues to be "an accused person" for purpose of his retrial under S. 11, Frontier Crimes Regulation.   Muhammad Afzal Khan v. State P L-D 1959 Pesh. 133 dissented from.   Khanimulla and another v. Emperor A I R 1947 Pesh. 19 and Qasim and others v. The Crown P L D 1953 Pesh. 34 rel.   (c) Criminal Procedure Code (V of 1898)-------   ----Ss. 403 & 209- Discharged person-Continues to be "an accused person" for purpose of fresh proceedings against him though order of discharge subsists and is not set aside.   11 IC 132 rel.   Date of hearing: 29th May 1959.     JUDGMENT   This is a revision petition against the order of Mr. Roedad Khan, District Magistrate Peshawar whereby the order of Mr. Nazir Muhammad Khan Magistrate 1st Class, Charsadda, discharging the petitioners under section 209, Cr. P. C., was set aside and the case against them was referred to a Council…