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Criminal Appeal No. 127 of 1979, decided on 23rd November, 1985.
‑‑‑S. 466/468/471/34‑‑Jurisdiction‑‑Accused a police official‑‑Trial held by Magistrate Section 30 for offence which was exclusively triable by Special Judge. Anti‑Corruption‑‑Conviction and sentence set aside, with observations that it would be open to District Magistrate to entrust record of case to a Court of competent jurisdiction.
Sh. Nisar Qutab for Appellants.
Altaf Muhammad Khan for the State.
Date of hearing: 23rd November, 1985.
This Criminal Appeal arises from the judgment of learned Magistrate Section 30, Lahore whereby he or. 3‑2‑1979 convicted Rana Daud and Mubarik Hussain Shah appellants under section 466/471/34 and section 468/34 P.P:C. and sentenced them as under:‑
Under section 468/34 P.P.C.‑
to 5 years' R.I. and a fine of Rs. 2,000 in default thereof 6 months' R.I.
Under section: 466/471/34, P.P.C.‑ -
to 5 years' R.I. and a fine of Rs.2,000, in default thereof 6 months' R.I.
It was directed that the sentences shall run concurrently.
2. Rana Daud was a Sub‑Inspector Police and Mubarik Hussain Shah was an A.S. 1. The charges against them were that during the proceedings pending before Magistrate Section 30 in case under section 452, P.P.C. F.I.R. No. 52/78, they forged applications Exh.P.A. and P.A./1 for proceedings under sections 87/88, Cr.P.C. They denied the charges and claimed to be tried.
3. Since after hearing the learned counsel for the parties I feel inclined to set aside the conviction and sentence of the appellants on , account of lack of jurisdiction of the trial Court, I need not set out the facts in detail and enter into the merits of the case. I find that the offences of which the learned Magistrate Section 30 had taken cognizance, were exclusively triable by Special Judge, Anti‑Corruption and as such, the learned Magistrate Section 30 could not have tried the appellants under those sections. That being the position, there is no option but to set aside the convictions and sentences of the appellants order accordingly. It would, however, be open to the District Magistrate Lahore to entrust the record of the case to a Court of competent jurisdiction as directed by this Court in its order dated 26‑9‑1978.
S.A. Appeal accepted.
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