SECTIONS 2, 177, 179 & 180 CR.P.C.
- 28. It may be necessary to mention here that under the present dispensation under the Code there are two kinds of Magistrates, i.e. Judicial Magistrates and Executive Magistrates and both have their respective jurisdictions vis-à-vis competence to take cognizance of specified offences. It has already been mentioned above that the power of a Magistrate to discharge an accused person under the Code is relatable to his competence to take cognizance of an offence. Thus, an Executive Magistrate having no jurisdiction to take cognizance of a particular offence is not competent to discharge an accused person involved in such an offence and, likewise a Judicial Magistrate having not been conferred jurisdiction to take cognizance of a particular offence is not empowered to discharge an accused person involved in such an offence. An order of discharge passed by an incompetent Magistrate is, therefore, an order passed without lawful authority and the same is of no legal effect. A reference may be made in this respect to the cases of Sufi Abdul Qadir v. The state and others 2000 P Cr. LJ 520 and Ghulam Shabbir v. State 2000 P Cr. LJ 141.
Ashiq Hussain Versus Sessions Judge, Lodhran and 3 Others.
PLD 2001 Lahore 271
Before Asif Saeed Khan Khosa, J
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