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Writ Petition No.1120 of 1987, decided on 18th April, 1987.

---S.17(4)--Constitution of Pakistan (1973), Art. 199--Complaint- Complaint dealt with by Additional Sessions Judge in absence of Sessions Judge--Additional Sessions Judge in absence of Sessions Judge empowered under S.17(4), Cr.P.C., to deal with only urgent applications--Order of Additional Sessions Judge set aside and complaint ordered to be sent to Sessions Judge for dealing with it afresh in accordance with law.--[Complaint].

Syed Muhammad Ali Zaidi for Petitioners.

Khalil Ramdey, A.-G. Punjab for the State.

M. Asghar Khan Ropri for Respondents.

Learned Advocate-General has very ably argued this case and has drawn my attention to the provision of section 17(4), Cr.P.C. Learned Advocate-General has frankly conceded that under the aforesaid provision an Additional Sessions Judge in the absence of a Sessions Judge should have only dealt with an urgent application. Since issue involved in this case is a complaint therefore, according to the Advocate-General the same should not have been dealt and considered as an urgent application. There is substance in the contention of the learned A.-G. and accordingly the order impugned is hereby set aside. The complaint shall now be sent to the Session; Judge, who shall deal with the matter afresh in accordance with law.

M.Y.H./S-81/L Order accordingly

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