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(a) Penal Code (XLV of 1860)­ Case remanded ---- S.307/34 --- Criminal Procedure Code (V of 1898), S.190(1) --- Constitution of Pakistan (1973), Art.199 --- Complaint had disclosed prima facie commission of an offence punishable under S.307, P.P.C. and therefore District Magistrate after taking cognizance of the offence under Cl.(a) of subsection (1) of S.190, Cr.P.C. which was ex facie triable by a S.30 Magistrate, had rightly transferred the complaint for trial to S.30 Magistrate --- Magistrate was not alleged to have held a preliminary inquiry by taking cognizance of the complaint under S.190(l)(a), Cr.P.C. in bad faith --- Writ petition was dismissed in circumstance Alarn Din v. The State PID 1973 Lah. 304 ref. (b) Qanun-e-Shahadat (10 of 1984) ---Art. 129, illus (e) --- Criminal Procedure Code (V of 1898), S. 190(l)(a)-- Presumption --- Presumption of regularity is attached to all official acts unless rebutted. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the judgment dated 23-4-1989 of the learned Additional Session Judge, Jhelum, whereby he dismissed the revision petition against the order dated 5-2-1989 passed by the learned Senior Civil Judge/Magistrate Section 30, Jhelum, whereby he summoned the petitioner to face trial under section 307/34, P.P.C. in a private complaint filed by Muhammad Arif respondent No. 5 herein. 2. The facts giving rise to this petition, briefly are that on 2-5-1988 respondent No. 5, herein lodged a private complaint before the District Magistrate, Jhelum, against the petitioner and three others alleging therein that they gave him abuses. When he returned the same, he was fired at first by Riaz accused with pistol, which did not hit him and secondly when the complainant fell down, in that condition, he was fired at by Liaqat accused hitting him at the right shin. The District Magistrate, Jhelum, marked the complaint to his Reader and subsequently, entrusted the same to the learned Senior Civil Judge, Jhelum, with powers of Magistrate section 30 for trial. The petitioner being aggrieved with this order filed a revision petition before the learned Session…

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