Law:

Section:

(a) Criminal Procedure Code (V of 1898)---- -- S. 202-Penal Code (XLV of 1860), S. 506/500-Enquiry-Magis­trate after examining complainant and recording entire preliminary enquiry directing further investigation by police-Direction, held, illegal and set aside-Recourse to both alternatives cannot be had. Under section 202, Cr. P. C. Magistrate has the option of only one of two alternatives either to enquire into the case himself or to direct an inves­tigation. He cannot have recourse to both alternatives. After examining the complainant and recording the entire preliminary evidence of the com­plainant there was no occasion for him to direct further investigation by the police. (b) Criminal Procedure Code (V of 1898)---- S.203-Penal Code (XLV of 1860), S. 506/500-Petitioner not yet summoned by Court to face trial-Held, not aggrieved person. JUDGMENT This revision under section 435, Cr. P. C. calls into question the order, dated 8-10-1983, passed by the learned Additional Sessions Judge, Faisalabad whereby he accepted the petition filed by Thekedar Nazir Hussain respon­dent. 2. The facts necessary for the disposal of the petition are that Thekedar Nazir Ahmad filed a complaint under section 500/506, P. P. C., against the petitioner. The learned Magistrate after examining the complainant and recording preliminary evidence of three P. Ws. referred the complaint to the S. H. O. Police Station, Peoples Colony, Faisalabad for inquiry under section 202, Cr. P. C. The respondent filed a revision against the order of the learned Magis­trate challenging its legality. He contended that the learned Magistrate had option either to have inquired into the case himself or could have directed inquiry or investigation to be made by the Police Officer or by such other person thought fit for the purpose to ascertain the truth or otherwise of the complaint and since the learned Magistrate had himself inquired into the case, be should not have…

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