' GUL MUHAMMAD KHAN, C.J.--The learned counsel challenges the order, dated the 4th of April, 1985, passed by the learned Additional Sessions Judge, Faisalabad, holding that the Qazf proceedings taken by the Police against Mst. Muniran Bibi and her co-accused had become infructuous and accordingly the accused discharged, in view of the fact that the cancellation of the case of Muniran Bibi by the Magistrate was without jurisdiction.
2. It is contended by the learned counsel that even if the order of the cancellation of the case against the petitioner and another by the learned Magistrate was without jurisdiction, the allegation of Mst. Muniran Bibi of Zina remained and, therefore, the case should have been considered by the trial Court. It is further stated that in fact Mst. Muniran Bibi had also filed a direct complaint with the same allegation of Zina before the learned Additional Sessions Judge, and that too was rejected after the preliminary proceedings.
3. The learned counsel for the respondent is not in a position to support or defend the impugned order. On the face of it, the order of learned Additional Sessions Judge amounts to refusing to exercise his jurisdiction in accordance with the law. The question whether the order of the Magistrate was with or without jurisdiction, loses all its importance, if the learned Additional Sessions Judge had rejected a complaint with similar facts. Even otherwise, whether the allegations of Zina made against any person are correct or not is to be decided not by a Magistrate but the Sessions Court. The order of the learned Additions. Sessions Judge does not at all inspire confidence. We, therefore, set aside the impugned order with the result that the proceedings before the learned Additional Sessions Judge stand revived and may be continued further in accordance with the law. We further direct that the learned Sessions Judge shall entrust the case to some other Court.
' A copy of this order shall also be sent to the learned Chief Justice, Lahore High Court.