Law: Criminal Procedure Code (V of 1898)

Section: 436,438,203,204(3),200,202

(a) Criminal Procedure Code (V of 1898)   Ss. 436, 438 read with Ss. 203 & 204 (3)-Complaint neither dismissed under S. 203 nor under S. 204 (3) nor accused discharged-Provisions of S. 436 not attracted-Reference, under circumstances of case, to High Court by Sessions Judge, competent.   (b) Criminal Procedure Code (V of 1898)   Ss. 200, 202, 203 & 204-Magistrate instead of examining complainant and ordering inquiry under S. 202 and subsequently recording that complaint be filed-Order, held, not sustainable.  Date of hearing : 11th January 1965.   JUDGMENT   On 5-10-1963 Muhammad Ayub filed a complaint against Mir Wali under sections 302 and 392, P. P. C. in the Court of Assistant Commissioner, Mansehra. The Assistant Commissioner did not proceed to record the statement of Muhammad Ayub and instead referred the complaint to the police for inquiry. On receipt of the report he made an order on 4-11-63 that it be placed on the file. Later on the case against Muhammad Ayub and another under section 379/411 was entrusted to Mr. Raza-Ullah Khan, Magistrate 1st Class, Mansehra. On 30th of December 1963, Muhammad Ayub made an application to the said Magistrate wherein he prayed that he should be given the opportunity to produce evidence in proof of the allegations in the complaint filed by him. The learned Magistrate passed the following order on this application of Muhammad Ayub :-   "This application submitted by the defence counsel to day. I have gone through the complaint placed on file No. 54/2 under section 379/411, P. P. C. and came to the conclusion that the same complaint was sent by the Assistant Commissioner, Mansehra to the Deputy-Superintendent of police for necessary action. The same was returned to the said Court along with the report, which placed vide order dated 4-11-1963 by the Assistant Commissioner, Mansehra. This application may also be placed on the file."   2. Aggrieved by the aforesaid orders Muhammad Ayub filed a revision petition in the Court of Sessions Hazara at Abbottabad and the learned Sessions Judge referred the matter to this Court with the recommendation that the order of the…