| Citation(s) |
|---|
| 1968 SLG 34 1968 SLD 34 = 1968 PCRLJ 195 |
Supreme Court of Pakistan
Petition for Special Leave to Appeal No. 163 of 1967,decision Dated: 9th October 1967.
S. A. RAHMAN, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
Petition for Special Leave to Appeal No. 163 of 1967,decision Dated: 9th October 1967.
S. A. RAHMAN, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
THE STATE ervsMUHAMMAD YOUSUF --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 29B
Law: Constitution of Pakistan, 1962
Section: 58(3)
Criminal Procedure Code (V of 1698)----- -----S. 29 B Trial of juvenile offender Jurisdiction Special leave to appeal Granted to consider whether High Courts interpretation that notification generally empowering all Magistrates is not sufficient compliance with provisions of S. 29 B read with S. 8(1), Reformatory Schools Act, 1897 Constitution of Pakistan (1962), Art. 58(3). Raja Said Akbar Khan, Advocate General West Pakistan (Abdul Hamid Malik, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for Petitioner. Nemo for Respondent. Date of hearing: 9th October 1967.ORDERHAMOODUR RAHMAN, J. this is a petition for special leave to appeal from the judgment and order of a learned Single Judge of the High Court in a criminal revisional petition whereby the conviction of the respondent for an offence under section 380 of the Pakistan Penal Code, by a section 30 Magistrate, has been quashed on the ground that the Magistrate who convicted him was not properly empowered by name under section 29 B of the Code of Criminal Procedure to try a juvenile offender.The ground upon which the order of the Magistrate has been quashed is that the Magistrate must be specially empowered by name by the Provincial Government to exercise the powers conferred by section 8(1) of the Reformatory Schools Act, 1897. In the…