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Criminal Revision No. 122 of 1951, decided on 12^th January 1952, against the order of District Magistrate, Mirpur, dated 29th September 1951.

-‑Refusal of District Magis trate to order‑Revision not competent‑Criminal Procedure Code (V of 1898), Ss. 439, 561‑A.

Under section 439 Cr. P. C. only those orders can be revised which occasion miscarriage of justice arising from misconception of law, irregularity of procedure etc. The inherent powers vested in the High Court under sec tion 561 (a) Cr. P. C. can only be exercised in cases which are not covered by the express provisions of the Code where justice has to be done. If the case had been withdrawn then certainly the order of the Magistrate would have been open to revision, if it had been passed arbitrarily and not otherwise. The order challenged in the petition is not at all a judicial order. It was passed by the District Magistrate in his executive capacity. The petition in revision is not competent.

Sheikh Abdul Hamid, for Petitioner.

Khawaja Muhammad Sharif, Advocate‑General for Government.

‑This is a petition by Gul Dad in revision against the order of District Magistrate Mirpur, dated the 27th September 1951, by which he refused to withdraw a criminal case pending against the petitioner under sections 147/ 447 A. P. C. in the Court of Magistrate Second Class. The petition is opposed by the Advocate‑General who has con tended that it is not competent because the order sought to be revised is not a judicial order but an executive order. The learned counsel for the petitioner has argued that the order in question can be revised under sections 439 or 561 (a) Cr. P. C. After giving my best consideration to the points raised on both sides, I am of opinion that the objection of the Advocate‑General must prevail.

Under section 439 Cr. P. C. only those orders can be revised which occasion miscarriage of justice arising from misconception of law, irregularity of procedure etc. The inherent powers vested in the High Court under section 561(a) Cr. P. C. can only be exercised, in cases which are not covered by the express provisions of the Code where justice has to bye done. If the case had been withdrawn then certainly the order of the Magistrate would have been open to revision, if it had been passed arbitrarily and not otherwise. The order challenged in the petition is not at all a judicial order. It was passed by the District Magistrate in his executive capacity. I, therefore, hold that the petition in revision is not competent and dismiss it.

A. H.

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