Find a Lawyer

Criminal Miscellaneous No. 37 of 1980, decided on 9th December, 1980.

-- S. 430 read with Islamic Tazeerati Act, 1974, Ss. 14 & 15-- Trial of offences, misjoinder of --- Offence under S. 430, A. P. C. committed during very transaction in which offences under Ss. 14 & 15 of Islamic Tazeerati Act, committed --- Offence under S. 430, A. P. C., being independent, trial, held, can be conducted by a Magistrate of competent jurisdiction and not by Tehsil Criminal Court.

B. A. Sheikh for the Petitioners.

Rafique Mahmood Khan, Addl. A.-G. for the State.

Date of institution: 11th August, 1980.

By this application it is stated that a case under sections 430 and 148/149, Penal Code read with sections 14/15 of the Islami Tazeerati Act, 1974 was registered by the police against the petitioners. After investigation of the case a challan was presented in the Tehsil Criminal Court Mirpur for its trial according to law. It was alleged by the petitioners that cognizance of the aforesaid offences was taken by the Tehsil Criminal Court but the perusal of the judicial file shows that no cognizance of any of the offences, has so far been taken by the Tehsil Criminal Court. Therefore, the question for quashment of the proceedings does not arise. However after hearing the learned counsel for the parties, on perusal of the charge report made by the Police, I feel that commission of offence under section 430, A. P. C. had already taken place and it was not during that transaction within which the other offences were allegedly committed by the accused. petitioners so as to bring it within the ambit of Ordinance No. LD/7176/80 dated 5th November, 1980 under which the Courts established by the provisions of Islami Tazeerati Act, have also been authorised to deal with other offences which do not fall within the provisions of the Islami Tazeerati Act, 1974 but they appear to have been committed during the same transaction within which the offences liable under the provisions of the Islami Tazeerati Act are claimed to have been committed. As offence under section 430, Penal Code and any other offence, if any, committed during that transaction is obviously separated and differentiated transactionally by an interval from the offence of hurt and other connected offences therewith the trial of the former offence under section 430, or any other one connected therewith under the same law as the case may be; shall be separated from the trial of the case to be held by the Tehsil Criminal Court under section 15 of the Islami Tazeerati Act, 1974 and the other connected offences under the provisions of A. K. Penal Code which appear to have been committed during the latter transaction. The Tehsil Criminal Court shall only be competent to deal with the offence under section 15 of the Islami Tazeerati Act, 1974 alongwith other offences liable under Azad Kashmir Penal Code which were allegedly committed during the commission of this offence and not the offence under section 430, Penal Code.

Thus the trial of the offence under section 430, Penal Code or under any other section of the same Code if committed during that very trans action can only he conducted by a Magistrate of competent jurisdiction. The Tehsil Criminal Court is directed to deal with this case as is pointed out by this order. A separate challan for the Court of the Magistrate may be prepared by the prosecution, if so advised. Thus this application stands determined accordingly.

Order accordingly.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.