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Criminal Reference No. 47 of 1975, decided on 14th May 1975.

‑‑ Ss. 202 & 204 ‑ Deputy Commissioner/A. D. M. on perusal of record finding A. C. M. issued process without holding prelimi nary enquiry, and setting it aside‑D. C./A. D. M., held, having no powers to quash order passed by A. D. M. under S. 204, Cr. P. C., order on lace of it, held, illegal and without jurisdiction.

Usman Ghani, Asstt. A: G. for the State.

Respondent in person.

Date of hearing: 14th May 1975.

This is a criminal reference by Additional Sessions Judge, Karachi recommending that an order dated 10‑1‑1975 passed by A. D. M. & Deputy Commissioner, South, Karachi may be quashed.

2. The facts in brief are that one Abdul Halim resident of Karachi filed a direct complaint for offences under sections 420 and 467, P. P. C. against (1) Master Loung Khan, and (2) Ghulam Dastgir residents of District Dadu. It was alleged in this complaint filed in the Court of A. C. M. 12, Karachi that the complainant bad executed special power of attorney in favour of accused No. 1 for sale of certain agricultural land situated in Dadu District. He, however, came to know that accused No. 1 on instigation of accused No. 2 had misused the power and forged a document in respect of a portion of the agricultural land in order to defraud him. The learned A. C. M. issued process, that is bailable warrants under section 204, Cr. P. C. after taking cognizance on this complaint. While perusing the daily dak the learned Deputy Commissioner and A. D. M. South, Karachi, came across these bailable warrants issued for offence under section 420 and 467. He, therefore called for the record and proceedings of that case from the Court of A. C. M. No. 21, Karachi. On perusal of the record he found that the Magistrate had issued the process without holding a preliminary enquiry. The learned A. D. M. therefore, set aside the order passed by the A. C. M. and remanded the case to him with directions to hold preliminary enquiry under section 202, Cr. P. C. Obviously the learned A. D. M. had no powers to quash the order passed by the A. C. M. under section 204, Cr. P. C. The learned A. D. M. has, therefore, exercised power which did not belong to him and his order is on the face of it, illegal and without jurisdiction.

3. The learned Assistant Advocate‑General frankly concedes that the A. D. M.'s order cannot be allowed to stand and he supports the present petition.

4. In the result the order of the A. D. M. dated 10‑1‑1975 is set aside and the A. C. M. 12 is directed to complete the proceedings in accordance with law.

Reference allowed.

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