Law:

Section:

Criminal Procedure Code (Y of 1898)------, Ss. 173, 190 & 191­Cognizance of offence taken by Magistrate on basis of negative report of police under S. 173-Cognizance under clause (b) and ,not clause (c) of S. 190(1)-Provision of S. 191 not attracted. JUDGMENT HAMOODUR RAHMAN, C. J.-Leave was granted in this appeal to consider whether the High Court had rightly distinguished the decision of the Federal Court in the case of Abdus Sattar Molla v. The Crown (P L D 1953 F C 145). If not, then whether the trial with regard to the appellant Noor Muhammad was without jurisdiction also needed examination. What had happened in this case was that the Police had challaned several of the co-accused on the 19th of February 1964. The appellant, Noor Muhammad, who was also an accused in that case and was ascribed the leading part, had not appeared before the Police but had obtained bail before arrest from the Sessions Judge on the I lth of March 1964. He appeared before the Magistrate on the 14th of March 1964, but the Police in their report under section 173 filed on the 20th of March 1964, showed him only in column No. 2 and at the sametime mentioned that if .the Magistrate so desired he may also be summoned. The Magistrate tried all of them, including the appellant, Noor uhammad, and convicted them under sections 148.and 307 read ith section 149 of the Pakistan Penal Code, and sentenced each of them to undergo rigorous imprisonment for a period of one year-under the first charge and to three years under the second charge. On appeal, however, the learned Additional Sessions Judge, Sialkot, on the 12th of October 1965, set aside the conviction on the ground that in these circumstances the Magistrate should have informed the accused under section 191 of the Code of Criminal Procedure that he was entitled to have the case tried by another…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492