P L D 1963 Azad J & K 36 (PLP)

Kh. Amir Uddin, P. P. for the State. The petitioner stood surety for the accused in a forest case before the Forest Magistrate. The accused failed to appear before the Forest Magistrate. The learned Forest Magistrate issued notice to the surety why the surety bond should‑not be forfeited. He failed to appear and the learned Magistrate forfeit ed the bond to the extent of Rs.

500. The surety then went up in appeal before the District Magistrate Poonch but the learned D. M. returned the appeal with his endorsement dated 19‑10‑62 that the Forest Magistrate was not subordinate to the Court of the D. M. therefore, he (D. M.) was not competent to hear the appeal. Sections 14 and 17, Cr. P. C. have bearing on the case and are reproduced below :‑ Section 14, subsection (1).‑The Government may confer upon any person all or any of the powers conferred or conferable by or under this Code on a Magistrate of the first, second or third class in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally in any local are a outside the presidency‑towns. (2) Such Magistrates shall be called Special Magistrates and shall be appointed for such term as the Government may by general or special order direct. (3) and (4) . . . . . . . Section 17, subsection (1).‑All Magistrates appointed under sections 12, 13 and 14, and all Benches constituted under section 15, shall be subordinate to the District Magistrate, and he may, from time to time, make rules or give special orders consistent with the Code as to the distribution of business among such Magistrates and Benches. (2), (3), (4) and (5) . . . . . . . The Forest Magistrate is a 1st Class Magistrate who has been appointed by the Government with powers to try all cases of offences under the Forest Act through out Azad Kashmir territory and as such he shall be called a Special Magistrate within the meaning of section 14, Cr. P. C. Section 17 subsection (1), Cr. P. C. provides that all Magistrates appointed under sections 12, 13 and 14 shall be subordinate to the District Magistrate. In cases of forfeiture of surety bond the appeal lies to the District Magistrate under section

515. The learned District Magistrate has refused to hear the appeal on the ground that the Forest Magistrate is not subordinate to him and further that the terri torial limits of the jurisdiction of the Forest Magistrate are wide than the territorial limits of the jurisdiction of the District Magis trate. The subordination of a Magistrate to the Magistrate of the district is not only in respect of his executive but is also in respect of his judicial functions as has been held in 2 All. 205, 2 Born. 384 D. B. and 9 Bom. 100 D. B. It was held in 19 Cr. L J 310 and A I R 1918 Lah. 196 that an appeal from an order of a Special Magistrate appointed under section 14, Cr. P. C. for a whole Province, lies to the Sessions Judge within the local limits of whose jurisdiction the Special Magistrate holds hi Court in disposing of the case. On the same analogy it shall b said that an appeal from the order of a Special Magistrate forfeit ing a surety bond under section 514, Cr. P. C. lies to the District Magistrate within the kcal limits of whose jurisdiction the Special Magistrate held his Court in disposing of the case. The learned Forest Magistrate had passed the order under revision we sitting at Rawalakote which is situate within the territorial juris diction of the District Magistrate, Poonch. I, therefore, hold that the District Magistrate, Poonch is competent to hear the appeal against the order of the Forest Magistrate dated 4‑6‑60 by which the surety bond was forfeited. The memorandum of a peal alongwith the record shall be forwarded to the Court of the Dis trict Magistrate, Poonch (Pallandri) who shall issue notice to Mansha Khan appellant on receipt of the record and fix a date for the hearing of the appeal according to law. K. B. A./A. H. Order accordingly.