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State vs JUDICIAL MAGISTRATE SECTION-30 S — 2026 PLD 465 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 PLD 465 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
PLD
Parties
State vs JUDICIAL MAGISTRATE SECTION-30 S
Subject matter
Criminal
Provisions referred to
S. 162---P; S. 162; S. 5; S. 4

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS JUDICIAL MAGISTRATE SECTION-30 S.162---Pakistan Criminal Law (Amendment) Act (XL of 1958), Ss.3, 4 & 5---Illegal gratification by private person---Jurisdiction---Exclusively triable by Special Judge Anti-Corruption---Whether an offence under S.162, P.P.C., committed by a private person who is not a public servant, falls within the exclusive jurisdiction of aSpecial Judge appointed under the Pakistan Criminal Law (Amendment) Act, 1958, or may be tried by an ordinary Magistrate?---Held: Section 162, P.P.C. is included in the Schedule to the Pakistan Criminal Law (Amendment) Act, 1958---By virtue of S.5(1) of that Act, notwithstanding anything in the Code of Criminal Procedure, 1898, all scheduled offences are triable exclusively by aSpecial Judge---The fact that S.162, P.P.C. may be committed by aprivate person, and not necessarily a public servant, does not take the offence outside the Schedule or dilute the exclusive jurisdiction of the Special Judge; cognizance is taken by the Special Judge under S.4 of the Act---An ordinary Magistrate has neither jurisdiction to try such an offence nor to send it for trial.

Other judgments reported in 2026 PLD

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