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1944 Supreme(Pesh) 3
HIGH COURT OF PESHAWAR
Mir Ahmad, J.
Mohd Amir S/o Khalil – Appellant
Versus
Emperor Through Mt Zulekha W/O Nur Ahmad – Respondent
Decided On : 20-04-1944
JUDGMENT
Mir Ahmad, J - Mt. Zulekha's husband Noor Ahmad is in Assam. He asked the police to bind down Mohd. Amir, who is his paternal uncle as well as of Mt. Zulekha. He alleged that Mohd. Amir would not let his wife possess her house and land in peace. The police sent him up. The trial Magistrate was of opinion that there was no likelihood of breach of the peace. He, therefore, refused to take action, and discharged Mohd. Amir under Section 119, Criminal P.C. Mt. Zulekha went up on revision to the District Magistrate, Peshawar. The District Magistrate, Peshawar, expressed the view that the matter had not been thoroughly investigated. He directed another Magistrate to make a de novo enquiry into the matter. Mohd. Amir has come up on revision to this Court against that order. It is now well settled that the District Magistrate has got no authority to order a further inquiry under Section 436, Criminal P.C., in a case which does not relate to the commission of an offence. (For instance proceedings under Sections 107, 110, 145, Criminal P.C., etc.) If any authority be needed, I will quote Kirpa Ram v. Durga Das A.I.R. 1931 Lah. 185 and Neur Ahir v. Emperor . In fact this position is not controverted by the counsel for the complainant and also by the counsel for the Crown. I must, therefore, hold that the order of the District Magistrate is ultra vires. I accept the petition, set aside that order, and restore that of the trial Court.
