Law: Criminal Procedure Code (V of 1898)

Section: 202, 190, 192(1)

Criminal Procedure Code (V of 1898) Ss. 202, 190 & 192(1)-Receipt of complaint-Three courses open to Magistrate: (i) he may hold inquiry himself ; (it) direct inquiry to be held by Magistrate subordinate to him; or (iii) may have inquiry held by Police Officer-All three courses mutually exclusive and may be resorted to by Magistrate one after other or even concurrently Additional District Magistrate forwarding under S. 192(1) complaint to Sub-Divisional Magistrate for disposal in accordance with law Sub-Divisional Magistrate, after examining complainant, ordering preliminary inquiry and on next hearing examining one witness but thereafter changing his mind and passing order "Forwarded to D. S. P. -for inquiry and report"-Order of Sub-Divisional Magistrate, held, not in violation of any provision of law-Magistrate, in such case, should !however state his reason for adopting such a course. Date of hearing : 30th May 1974.                                                                                                                        JUDGMENT The first respondent in this case Muhammad Usman filed a complaint :against the remaining respondents in the Court of the Additional District -Magistrate, Dadu for offences punishable under sections 392, 384. 406 and 202 of the Penal Code and this complaint was forwarded by the learned Additional District Magistrate to the Sub-Divisional Magistrate, Dadu for disposal according to law. The Sub-Divisional Magistrate after having examined the complainant ordered a preliminary inquiry to be held and, .upon the next hearing, he examined one witness but although other witnesses were present then passed an order in these terms: "Forwarded to the D. S. P., Dadu for inquiry and report." Against this order the complainant :applied in revision to the Court of Session and the learned Sessions Judge, being of the…