Emperor vs Ghulam Hussain S/o Manik - 1942 Supreme(Sindh) 95

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1942 Supreme(Sindh) 95

Emperor – Appellant
Versus
Ghulam Hussain S/o Manik – Respondent

JUDGMENT

1. This is a reference by the Additional Sessions Judge of Sukkur who recommends that the committal by the First Class Magistrate of Kandhkot of seven accused persons charged with offences under Sections 147, 323 read with Section 149, Penal Code, and under Section 24, Cattle Trespass Act, should be quashed on the grounds that the offences were such as the Magistrate himself was empowered to try and which he could adequately punish. The Magistrate committed the case because it was a counter case to another of offences under Sections 148, 436, 323 and 324, Penal Code, read with Section 149, Penal Code, which the Magistrate had rightly committed to the Court of Session.

2. The Additional Sessions Judge is of the opinion that the discretion of the Magistrate in this matter of committal is limited by the provisions of Section 254, Criminal P.C., and that a Magistrate can only properly commit to the Court of Session when the offence is exclusively triable by a Court of Session or offences which the Magistrate cannot himself adequately punish. The Additional Sessions Judge relies on a case reported in Diwanchand v. Emperor A.I.R. 1914 Sind 94 he relies also on cases reported in Ut

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