Law:

Section:

(a) Criminal Procedure Code (V of 1898)----S.561-A---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine, whether the cognizance of the case having been taken by a Magistrate having jurisdiction in the matter, could the order of discharge of petitioner on police report be restored by the High Court. (b) Criminal Procedure Code (V of 1898)-- ---S.561-A---Constitution of Pakistan (1973), Art.185(3)---Magistrate discharged accused on police request---Order of discharge was set aside in revision by Sessions Judge- Hi Court set aside order of revisional Court on the ground that order of discharge was an administrative order---Held, cognizance of case had already been 4 1 ken by the Magistrate---Order of High Court passed under S.561-A, Cr. P. C. could not be maintained---Order of High Court set aside. Bahadur and another v. The State and another P L D 1985 S C 62 and Muhammad Aslam and another v. Additional Secretary to Government of N.W.F.P., Home and Tribal Affairs Department and others P L D 1987 S C 103 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against judgment dated 29-9-1986 of the Lahore High Court; whereby in exercise of power under section 561-A, Cr.P.C., a revisional order passed by the Sessions Court, was set aside. 2. The respondents Nos.l to 7 are stated to be accused persons in a criminal case. According to the position now admitted, after considerable delay which could have been avoided, a learned Magistrate had taken cognizance of the case against them. As mentioned in the High Court judgment. "On 28th of September, 1984, the Illaqa Magistrate discharged Muhammad Aslam petitioner (respondent No.l herein) and six others on Police request". The learned Sessions Judge, on a revision,…

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