SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---This constitutional petition filed in terms of Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, is directed against an order dated 21.01.2015, passed by learned Additional Sessions Judge, Kasur, whereby learned Court while accepting the revision petition, set aside order dated 20,02.2013, passed by learned Judicial Magistrate, Kasur whereby cancellation report prepared by the police in case FIR No.247/2012, agreed upon by learned Judicial Magistrate, was disallowed.
2. Brief facts of the case are that respondent No.1, lodged FIR No.247/2012, under section 406, P.P.C. with Police Station B-Division, Kasur against petitioner and police, after thoroughly investigating the matter, prepared a cancellation report and submitted the same before learned Judicial Magistrate, Kasur. The learned Judicial Magistrate, vide order dated 20.02.2013, agreed with the cancellation report against which order, respondent No.1, preferred a criminal revision petition which was accepted through the impugned order by learned Additional Sessions Judge, Kasur.
3. Parties heard. Record perused.
4. The perusal of the record shows that police, after investigating the matter, recommended the case for cancellation and that cancellation report was agreed upon by learned Judicial Magistrate.
After the order passed by learned Judicial Magistrate, agreeing with cancellation report, an aggrieved party could file a constitutional petition in this Court instead of challenging the same in the criminal revision petition but respondent No.1, adopted the other way and preferred the revision petition which, in view of the case of "Bahadur and another v. The State and another" (PLD 1985 Supreme Court 62), is not maintainable. It was held by the Hon'ble Supreme Court of Pakistan in the case (supra) that order passed by learned Judicial Magistrate, agreeing with cancellation report, is amenable to constitutional petition and could not be challenged in the revision petition and such petition before Sessions Court was not competent. The learned Additional Sessions Judge, although has referred to this case law but has distinguished it while relying upon the ratio of case of "Bakhat Baidar Ali Shah v. The State and 5 others" (2011 YLR 2587), a judgment delivered by learned Single Bench of this Court. In the referred judgment of Bakhat Baidar, the learned Single Bench has tried to distinguish the case of Bahadur and another, by stating that after separation of judiciary from the executive, the order passed by learned Judicial Magistrate could be assailed in the revision petition. As per Article 189 of the Constitution of the Islamic Republic of Pakistan, 1973 "any decision of Supreme Court shall be binding on all Courts in the Pakistan". This Article of the constitution mandatorily makes the decision of the apex Court binding upon the Courts functioning in the whole country. In the referred case of Bahadur and another, the Hon'ble Supreme Court has laid a principle of law that against the order passed by learned Judicial Magistrate, agreeing with the cancellation report sent by police, only constitutional petition is maintainable then no other Court other than the Hon'ble Supreme Court of Pakistan, has the jurisdiction to say otherwise that against an order of learned Judicial Magistrate, a revision petition is competent. Even the Courts other than the Hon'ble Supreme Court of Pakistan, have no jurisdiction to distinguish the judgment passed by the apex Court on any ground. To my mind, the judgment delivered by learned Single Bench of this Court in the case of Bakhat Baidar Ali Shah (supra) is not in accordance with the ratio of case of Bahadur and another, thus the same is per incuriam and cannot be relied upon holding otherwise than the ratio of case of Bahadur and another. Since, it is well settled principle of law that against an executive order passed by learned Judicial Magistrate agreeing with the cancellation report submitted by police, no criminal revision petition is maintainable, therefore, the order passed by learned Additional Sessions Judge, Kasur is not sustainable in the eyes of law.
5. For the reasons stated above, the petition in hand is accepted and impugned order passed by learned Additional Sessions Judge, Kasur, is set aside and that of learned Judicial Magistrate, Kasur is restored.