Law:

Section:

Keywords: Competent Jurisdiction, Public Servant, Offences, Government, Without Jurisdiction, Notification, Cognizance, Procedure, Guilty, Magistrate, Notice, Conviction, Set Aside, Commencement, Jurisdiction, Fine, Prosecution, Public Servants Result: Revision allowed JUDGMENT This is a revision application under section 435/439, Cr. P. C. Against judgment of conviction under section 403, P. P. C. And sentence of y month It. 1. And a fine of Rt. 100 in default, further R, 1. For 15 days more. 2. The brief facts of the case are that the applicant was an employee, as a conductor with the Karachi Transport Corporation. On 20th February, 1979, he was on duty at the Model Depot. Of K. T. C. And was incharge of Bus No. 803-478 of Route No. I-E. He was directed to take the Bus to Orangi No. 4 ; but instead of going there, he took the Bus to Benaras Chowk and took Mill workers to the Mill area. At about 2.20 p.m. The Bus was checked by the learned K. T. C. Magistrate of Mobile Court, Karachi, at the Star Textile Mills. It was found that there were 81 passengers, all without tickets, who had paid their fare, in cash, to the applicant, at the rate of 25 paisas each, totalling to Rs.20.25. It was therefore alleged that the applicant had dishonestly misappropriated the said amount and thereby committed an offence punishable under sec tion 403, P. P. C. 3. The learned Magistrate had tried the applicant, adopting the summary procedure. The applicant had pleaded guilty to the charge and was sentenced to undergo R. I. For one month and also to pay a fine of Rs.100 or in default, to undergo further R. I. For 15 days. 4. The short point taken up in this case is that the applicant, being an employee of K. T. C. Is a public servant. The offence with which he was charged and convicted is a scheduled offence under the Pakistan Criminal Law Amendment Act. In such a situation, it is contended, that the applicant could not be tried by the learned K. T. C. Magistrate of the Mobile Court, having no competent jurisdiction to take cognizance of the scheduled offence. It is further contended that in case of scheduled offence, it was necessary that the procedure as is envisaged in the…

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