Law:

Section:

(a) Criminal Procedure Code (V of 1898)--Ss. 480 & 482---Penal Code (XLV of 1860), S.228---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine whether Additional Sessions Judge could, when he himself had taken cognizance of the offence and had not chosen to send the case to a Magistrate competent to try the same under S.482, Cr. P.C., have awarded a sentence beyond a fine and that only Rs.200 as provided under 5.480, Cr. P.C. (b) Criminal Procedure Code (V of 1898)--- ----Ss.480 & 482---Penal Code (XLV of 1860), S. 228---Conduct of accused in the Court of Additional Sessions Judge was treated as falling within the mischief of S.228, P.P.C. and accused was found guilty on his own plea for the same offence---Additional Sessions Judge himself took cognizance of the case and awarded sentence of one month R.I. plus fine of Rs.500 in lieu whereof to suffer S.I. for one month---Held, sentence awarded by Additional Sessions Judge was beyond the one permissible under S.480,-Cr.P.C.---If the Additional Sessions Judge proceeded in the case under S.480, Cr.P.C. he did place a limitation on his power regarding the extent of punishment---After recording conviction Additional Sessions Judge could not have imposed any sentence other than fine of Rs.200 only in lieu whereof simple imprisonment which might have extended to one month, could have been awarded. (c) Criminal Procedure Code (V of 1898)- ----Ch. XXXV (Ss. 476-487)---Penal Code (XLV of 1860), S. 228---Proceedings in case of certain offences affecting the administration of justice---Power of Presiding Officer of the Court. As provisions of Ss.480 and 482, Cr.P.C. fall under the Chapter heading "Proceedings in case of certain Offences affecting the Administration of Justice" various situations were visualised by the framers of the Code in enacting the various provisions contained in the said Chapter. If a Presiding Judge is of the view that the default/delinquency is of very casual nature he might also not take the same as more seriously than visualised under' section 480, Cr.P.C. And there and then before, rising of the Court, convict and award the minor punishment provided in…

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