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Criminal Revision No.472 of 1982, heard on 10th November, 1984.
---S.342--Examination of accused under S.342, Cr.P.C.--Trial Court recorded statement of accused under S.342, Cr.P.C. on oath--Such statement of accused, held, was rendered illegal and could not be looked into--Re-trial from stage of recording of statement of accused, ordered, in circumstances.
Sh.Zahoorul Haq for Appellant.
Noor Muhammad Paris for the State.
Amanat Ali Bokhari for the Complainant.
Date of hearing: 10th November, 1984,
The facts giving rise to this petition are that Tariq Mahmud petitioner was tried by Ch. Munawar Hussain Cheema, Magistrate 1st Class, Lahore under section 325, P.P.C. and sentenced to one year R.I. The appeal filed by the petitioner failed on 5-8-198 , hence this revision petition.
2. Since after hearing the learned counsel for the parties I feel inclined to set aside the conviction and send back the case for retrial or account of illegality in recording the statement of accused/ petitioners. I need not enter into the merits of the case. I find that the Magistrate had recorded the statement of the accused/ petitioner under section 342, Cr.P.C. on oath and as such the same being inadmissible in evidence cannot be looked into. That being the position there is no option but to accept the appeal, set aside conviction and sentence of the petitioner and send back the case to the trial Court for retrial from the stage of recording the statement of the accused/ petitioner under section 342, Cr.P.C. Petitioner shall remain on bail. Order accordingly.
3. Before parting with the judgment I would like to add that Munawar Hussain Cheema, Magistrate who recorded the statement of the accused person under section 342, Cr.P.C. on oath appears to be highly inefficient. He be summoned for 24-11-1984 to show cause why recommendation for the withdrawal of his judicial powers be not made. For further proceedings to come on 24-11-1984.
S. G. D. /T-16/L Case remanded.
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