1992 P Cr (PLP)

By this petition the petitioner, who is an accused in case: F.I.R. No.384 of 1990 registered at Police Station Saddar, Kasur, under Articles 3/4 of prohibition (Enforcement of Hadd) Order IV of 1979, seeks quashment of the order, dated 17‑3‑1991, by which the learned Sessions Judge, Kasur, commencing his trial in the case, framed charge against him and recorded the statements of three prosecution witnesses. . (2) The main grounds urged in the petition for seeking quashment are: (i) that the learned Sessions Judge had, vide his order, dated 3‑1‑1991, transferred this case from the Court of Magistrate Section 30, Kasur, to the Court of Senior‑Civil Judge/Magistrate Section‑30; Kasur; and (ii) that the learned Sessions Judge could not take cognizance of the case and commence the trial unless the case had been sent up to him for trial under section 190(3), Cr.P.C. by the Magistrate. The learned counsel for the petitioner, during his oral address, has reiterated the above grounds.

3. Since no one has appeared on behalf of the State, I have no assistance from that side.

4. From the perusal of the order, dated 3‑1‑1991, appended to the list of cases, it is obvious that out of 14 cases mentioned in the list, cases other than those mentioned at Sr. No.1, 11, 12, 13 and 14, were transferred from the Court of the learned Magistrate Section‑30, Kasur, to the Court of Senior Civil Judge/Magistrate Section‑30, Kasur, for trial, while the aforesaid five cases were transferred by him to his own file on account of the huge quantity of narcotics involved therein. The case (under consideration (State v. Sarja), mentioned at Sr. No. 6 of the list, did not figure in the above‑mentioned five cases which were transferred by the learned Sessions Judge to his own file and it was obviously transferred to the Court of the Senior Civil Judge/Magistrate Section Kasur. Therefore, it should have ordinarily been tried by him but, somehow or other, it also went to the file of the learned Sessions Judge. This being so, the case shall still be deemed to be pending in the Court of Senior Civil Judge/Magistrate Section 30, Kasur, and the proceedings taken by the learned Sessions Judge are without lawful authority.

4. In view of the above, the petition is accepted and the order passed by the learned Sessions Judge, Kasur, on 17‑3‑1991 and the proceedings taken by him on this date in connection with the trial of the petitioner are hereby quashed. The Senior Civil Judge/Magistrate Section 30, Kasur, in whose Court the case is pending, shall commence proceedings on and from the stage the case was transferred from the Court of Magistrate Section 30, Kasur, and if at any stage he considers that the petitioner/ accused, in view of the severity of the offence, ought to be tried by the Court of Sessions, he may send up the case to the learned Sessions Judge, Kasur, for trial under section 347, Cr.P.C. S.A:/S‑50/L Petition accepted.