MOHSAN ALI versus ADDITIONAL SESSIONS JUDGE, FAISALABAD
Sections 28, 30, 561A and Schedule II Panel Code (XLV of 1860), Sections 337A (i), 337L (2), 365, 147 and 148 of the trial court, jurisdiction to include the Criminal Investigation Officer Prepared its investigation report and presented challan to the magistrate (first class) for trial, but the magistrate took notice that the offense was proved under section 676767 PPC and it was passed by the session judge to the same magistrate. He had no jurisdiction to send the reference, which was assigned to him by the Additional Sessions Judge. The trial proceedings were scheduled for hearing by the PPCC Sessions Court in Schedule II of the CCP, under section 367, and the Judicial Magistrate may take notice of the matter, Section 30's legal status provisions, C.R. The PC dismissed the application of Section 28, CRPC. The CRPC had the authority to hear all the offenses, which were Judicial Magistrates, with the exception of the courts mentioned in Section 8 of Schedule II of Schedule II of the Magistrate First Class under Section 30. Did not punish the Sessions Judge by referring the case to the Sessions Court, as the offense under section 676767, CR PC was not a trial by him, the relevant High Court declared the jurisdiction illegal. Was. The High Court withdrew the case from the Additional Sessions Judge's Court for the trial of the Additional Sessions Judge by the Magistrate and the Sessions Judge and referred the same case to the Magistrate Section 30, CRP. The petition was allowed at the end of the hearing.
Related judgments — Lahore High Court Lahore, 2013