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Petitioner: MUHAMMAD CHIRAGH VS Respondent: THE CROWN
P L D 1954 Lahore 434
P L D 1954 Lahore 434
Before Abdul Aziz Khan, J.
MUHAMMAD CHIRAGH‑Petitioner
Versus
THE CROWN
Criminal
Revision Petition No. 79 of 1954, decided on 22nd April 1954, under section 435/439, Cr. P. C. for revision of the order of M. M. Aslam Khan, Additional Sessions Judge, Lahore at Sheikhupura, dated the 14th January 1954, affirming that of Muhammad Shafi, Magistrate 1st Class, Sheikhupura, dated the 21st December 1953.
Criminal Lain Amendment Act (XIX of 1948) (as amended by Criminal Law Amendment Act (XXXVII of 1953 and Criminal Law Amendment (Amendment) Ordinance (VI of 1953), S. 4 (3)‑Special Judges have exclusive jurisdiction to try offences under Prevention of Corruption Act (II of 1947).
After the passing of Criminal Law Amendment Act (XXXVII of 1953), a Magistrate has no jurisdiction to try a case under Prevention of Corruption Act (II of 1947).
Where a Magistrate, after the enforcement cat Act XXXVII of 1953 on 17th November 1953 continued with the trial of a case under section 5 (2) of the Prevention of Corrup tion Act (II of 1947), the proceedings after the aforesaid date were held to be ab initio void and without jurisdiction.
Conviction and sentence of accused were set aside.
A. Rahim Khawaja, for Petitioner.
S. A. Mahmud, Assistant Advocate‑General, for Res pondent.
JUDGMENT
ABDUL AZIZ KHAN, J.‑‑Muhammad Chiragh, Reader to the Naib Tehsil dar, Sharakpur, was convicted under section 5 (2) of the Prevention of Corruption Act (II of 1947) by Mr. Muhammad Shafi, Magistrate Ist Class, Sheikhupura, and sen tenced to 6 months' rigorous imprisonment and to pay a fine of Rs. 500 or in default to undergo imprisonment for a further period of 3 months. The allegation against Muhammad Chiragh was that he was guilty of criminal misconduct inas much as he on 10th August 1953 accepted a sum of Rs. 10 as bribe from Irshad Ahmad (P. W. 1). Muhammad Chiragh went up in appeal against his conviction and sentence. The learned Additional Sessions Judge Lahore, at Sheikhupura, dismissed his appeal on 14th January 1954. He has now come up in Revision.
This petition has to be accepted on the short ground that the trial Magistrate had no jurisdiction to proceed with the trial on the enforcement of Act (XXXVII of 1953) which came into force on 17th November 1953.
In order to provide more effective provisions for the pre vention of Bribery and Corruption (Act II of 1947) " The Prevention of Corruption Act " was enacted. It came into force on 11th March 1937. Section 5 (2) of the above Act provided a punishment of 7 years for acts of criminal miscon duct committed by a public servant. Misconduct includes the acceptance of illegal gratification as defined in section 161, P. P. C. Act (II of 1947) was amended by section 5 of "The Criminal Law Amendment Act (XXXVII of 1953)" which came into force on 17th November 1953. Section 4 (3) of the Criminal Law Amendment Act, (Act XIX of 1948) as amended by Act (XXXVII of 1953) provides‑‑‑
"Notwithstanding anything contained in the Code of Criminal Procedure 1898, or in any other law the offences specified in the Second Schedule shall be triable exclusively by Special Judges".
Section 4 (4) as amended of this Act provides‑‑‑
"All cases relating to any offences mentioned in the Second Schedule and pending in any Court other than the Court of special Judge immediately before the commencement of the Criminal Law Amendment Act, 1953, shall, on such commencement stand transferred to the Special Judge having jurisdiction over such cases".
Clause (b) of the Second Schedule provides‑
"Offences punishable under the Prevention of Corruption Act, 1947 (II of 1947);"
This Schedule was amended by the Pakistan Criminal Law Amendment Act (Amendment) Ordinance, (Ordinance VI of 1953).*
Clause (c) of the Schedule of the Ordinance provides
"Offences punishable under the Prevention of Corruption Act, 1934 (II of 1947)"
In view of the provisions referred to above it is clear that the trial Magistrate had no jurisdiction to proceed with the trial of the case under consideration on the enforcement of Act (XXXVII of 1953) which came into force on 17th November 1953. All proceedings after 17th November 1953 are void for want of jurisdiction.
For the reasons stated above I accept the petition and set aside the conviction and sentence. The petitioner was released on bail by this Court on 22nd January 1954. He shall be dis charged of his bail bond.
A. H. Petition accepted