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Criminal Miscellaneous No. 184/Q of 1985, decided on 9th October, 1985.
‑‑‑S. 561‑A‑‑Penal Code (XLV of 1860), S. 364‑‑Quashing of proceed ings‑‑Jurisdictional premises‑‑Allegations in complaint as well as preliminary evidence, giving rise to offence under S.364, P.P.C.‑‑Trial Magistrate while taking cognizance found to have acted illegally and without jurisdiction‑‑Complaint before such Magistrate was, therefore, ordered to be transmitted to Court of Sessions for trial.
Ali Asghar v. The State and another 1982 P Cr. L J 415 rel.
Mehr Ghulam Ali Mubashar for Petitioner.
Muhammad Abdullah Sheikh for Respondent No. 2.
C.M. Latif for the State.
The only grievance of the petitioner is, that the allegations levelled in the private complaint as well as in the preliminary evidence recorded by the trial Magistrate had disclosed the commission of offence under section 364 of the Pakistan Penal Code, hence the learned trial Magistrate should have transmitted the complaint to the Court of the learned Sessions Judge, who was competent to take cognizance of the case. According to the learned counsel for the petitioner, the learned Magistrate by taking cognizance has acted illegally and the proceedings before him are without jurisdiction. Mehr Ghulam Ali Mubashar, learned counsel for the petitioner has placed reliance upon Ali Asghar v. The State and another 1982 P Cr. L J 415 in support of his contention.
2. On the other hand, the learned counsel for the respondent has argued that the petitioner should have resorted to the remedy provided under section 249‑A, Cr.P.C. The contention is misconceived, because through this petition the learned counsel is not seeking the quashment of the proceedings but is attacking the proceedings on the jurisdictional C premises. Mr. C.M. Latif, learned counsel for the State supports the contention raised by the learned counsel for the petitioner. In this view of the matter, I would, direct the learned trial Magistrate to transmit the complaint filed by the respondent to the Court of the learned Sessions Judge at Sargodha, who shall proceed with the complaint i accordance with law.
3. With these observations, this petition is disposed of.
S.A. Petition accepted.
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