Law:

Section:

Criminal Procedure Code (V of 1898) Ss. 190 & 193 Cognizance Court of Session Not a Court of original jurisdiction, hence, can take cognizance of case only when sent to it by a Magistrate Direct taking cognizance of a complaint filed before it by a Sessions Court, held, in utter violation of provisions of S. 193 and liable to be quashed. [Cognizance]. JUDGMENT The short point involved in this petition under. section 435/439 of the Code of Criminal Procedure Code is whether a Sessions' Court is competent to take direct cognizance as a Court of original jurisdiction of a case exclusively triable by it on a direct complaint filed before it. 2. On this crucial point I have heard Mr. Raja Muhammad Afsar, Advocate, and Muhammad Yousaf Chaudhary, Assistant Advocate General, Baluchistan. The learned counsel haA produced before me recent law on the proposition. The cases of Muhammad Islam and 2 others v. Mst. Natho Bihi (P L D 1977 Lah: 535) and Hajl Kamal Khan v. Muhammad Naeem etc. (P L D 1979 Quetta 69). The proposition has been elaborately discussed in these both citations. In case of Muhammad Aslam it has been observed that a Court of Session is barred from taking cognizance directly as a Court of original jurisdiction unless the same has been sent to it under section 190 (3) of the Criminal Procedure Code. The same view has been taken by the High Court of Baluchistan in case of Haji Kamal Khan. It has been held that…

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