Private complaint, dismissal of—-Revision against order of Judicial Magistrate—Maintainability

P L D 2020 Sindh 94

Private complaint, dismissal of—Revision against order of Judicial Magistrate—Maintainability

Ss. 200, 203, 435 & 439—Private complaint, dismissal of—Revision against order of Judicial Magistrate—Maintainability—Procedure—Held, order having been passed under S.203, Cr.P.C., whereby direct complaint had been dismissed by the Judicial Magistrate without framing a charge and trial, it could not be treated as acquittal of the accused/respondents—Order under S.203 Cr.P.C, being an order passed by a court inferior to the Court of Session, the propriety demanded that the same should first be examined by the Sessions Judge for the purpose of satisfying itself to the correctness, legality or propriety of the said order passed by the Magistrate who was covered by the explanation given at the bottom of S.435, Cr.P.C.— Revision before the High Court being without exhausting the remedy available to the applicant was not maintainable—Matter was sent to the Sessions Judge for a just and fair decision on the grievance of the applicant—Revision application was thus disposed of accordingly

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