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Criminal Revision No. 1048 of 1961, decided on 30th January 1962.

Magistrate examining complainant under S. 200 any' recording evidence of his witnesses under S. 202‑Cannot direct Police to investigate and register case but should proceed with trial himself.

Azizur Rahman and others v. The State and others P L D 1960 Dacca 631 ref.

Tanweer Ahmad for Petitioner.

Miss R. Qari for Respondent.

Date of hearing : 26th January 1962.

A complaint was filed before the learned Magistrate 1st Class Rawalpindi, who recorded the statement of the complainant under section 200, Cr. P. C. Later on the evidence of tae prosecutor witnesses was recorded under section 202, Cr. P. C. The learned Magistrate by his order dated the 10th of October 1959, sent a copy of the complaint to the Police for registration of a case under sections 406/420, P. P. C., Mach vas done and ultimately, the pc6 tioner was challaned in the sane Court.

2. The petitioner leas taken objection against this procedure and it has peen urged on his behalf that the learned Magistrate could not have sent a copy of the complaint for registration of a case to the Police after he had himself taken cognizance of the case and had recorded the statement of the complainant and his witnesses, The only course left open to him under law was to proceed with the trial of the complaint himself. Azizur Rehman and others v. The State and others (P L D 1960 Dacca 631) is cited in support of this contention. The learned counsel for the State is unable to meet this legal objection. I would, therefore, quash the order of the learned Magistrate dated the 10th of October 1959 and the proceedings taken by the Police thereafter. The learned Magistrate will restore the original com plaint and proceed with its trial from the stage previous to the order of the 10th of October 1959.

R. B. A.

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