BAKHAT WADI vs THE STATE and another
This criminal petition was filed under Section 561-A of the Code of Criminal Procedure 1898, challenging ongoing proceedings initiated against the petitioner under Section 182 of the Pakistan Penal Code 1860 before the Area Magistrate of Police Station Jaura Kalan, District Khushab. The petitioner contended that the proceedings were legally flawed because they were not initiated by the specific police officer to whom the original allegations were submitted, or by a superior officer, and further argued that no prior notice was served upon her. Upon review, the Court did not adjudicate the merits of these jurisdictional challenges. Instead, it applied the established legal principle that objections regarding jurisdiction should ordinarily be raised before the trial forum in the first instance rather than directly before the High Court. Consequently, the petitioner sought to withdraw the petition to pursue these objections before the trial magistrate. The Court granted the request to withdraw, directing the Area Magistrate to decide on any jurisdictional objections raised by the petitioner before proceeding further with the case.
- Should jurisdictional objections be raised before the trial forum in the first instance before approaching the High Court?
- Is a trial magistrate required to decide upon jurisdictional objections raised by an accused before proceeding further with the case?
- 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 KaIan, 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 of 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.