BAKHAT WADI Versus THE STATE
The petitioner filed a petition under Section 561-A of the Code of Criminal Procedure 1898 challenging the proceedings pending under Section 182 of the Pakistan Penal Code 1860 before the Area Magistrate. The core legal question concerned the validity of the initiation of proceedings under Section 182 of the Pakistan Penal Code 1860 without fulfilling procedural prerequisites such as a complaint by the specific police officer or superior officer, and lack of prior notice. The Lahore High Court noted the settled legal principle that jurisdictional objections should ordinarily be raised before the concerned forum in the first instance. Consequently, the petitioner sought to withdraw the petition to approach the Area Magistrate. The Court disposed of the petition as withdrawn, expecting the Magistrate to decide upon the jurisdictional objections before proceeding further with the matter.
- Should an objection to jurisdiction be taken before the concerned forum in the first instance before approaching the High Court?
- Can a petition under Section 561-A of the Code of Criminal Procedure 1898 be withdrawn to enable the petitioner to raise jurisdictional objections before the trial court?
- Section 561-A, Code of Criminal Procedure 1898
- Section 182, Pakistan Penal Code 1860
ORDER
Through this petition filed under section 561‑A Cr.P.C. the petitioner has called in question the proceedings under section 182, P.P.C. pending before the learned Area Magistrate .of Police. Station Jaura Kalan District Khushab.
2. In support of this petition it has been argued by the learned counsel for the petitioner that the impugned proceedings under section 182, P.P:C. against the petitioner had not been initiated by the Police Officer before whom the petitioner had submitted an application containing her allegations or by an officer superior to such an officer. It has also been argued that no notice was issued to the petitioner before initiation of proceedings against her under section 182, P.P.C.
4. It is settled law that whenever an objection to jurisdiction is; taken by a litigant such an objection should ordinarily be taken before the concerned forum in the first instance before taking ( such a jurisdictional objection before this Court. In this view on the matter the learned counsel for the petitioner wishes to withdraw this petition at this stage so as to advise the petitioner to take her jurisdictional objections before the learned Area Magistrate of Police Station Jaura Kalan, District Khushab in the first instance before approaching this Court in that regard. It is expected that if some jurisdictional objections are taken by the petitioner before the learned Area Magistrate then he shall take a decision on the same one way or the other before proceeding further against the petitioner. This petition is disposed of as having been withdrawn with the observations, made above.
N.H.Q./B‑17/L Order accordingly.