SECTIONS 2, 177, 179 & 180 CR.P.C.

   Trial Court directed to file complaint against applicant for offences under Ss.174, 175 & 228, P.P.C. before Court of competent jurisdiction---Complaint filed against applicant was forwarded to Judicial Magistrate who took cognizance of the case---Only “Executive Magistrate” under Ss. 28 & 29, Cr.P.C. could try offences registered under Ss.174, 175 & 228, P.P.C----Cognizance of case or cases in circumstances, could not be taken by ‘Judicial Magistrate’---Offence against applicant having actually taken place within territorial limits of the concerned District, Magistrate of the District  would have jurisdiction to try case against accused and not Magistrate of other District Courts---Judicial Magistrate on both counts was not competent to take cognizance of the case---Proceedings before Judicial Magistrate amounting to abuse of process of Court, were quashed, in circumstances.

Muhammad Ahmed Baig    Versus    The State
2003 MLD 1 [Karachi]
Before Wahid Bux Brohi, J