1. ' MIR HAZAR KHAN KHOSO, C.J.--- The Registrar, High Court, Balochistan vide his letter, dated 19th June, 1990 had sent the file of this case for scrutiny in the words as under:-- "I am directed to refer to the subject cited above and to enclose copies of 21 orders/judgments passed by Mr. Khalid Hamayun, District and Sessions Judge (ad hoc) whose services have been terminated in the capacity of District and Sessions Judge, Sibi for favour of scrutiny and further necessary action, if so desired."
2. ' After going through the judgment, a show-cause notice was issued to the respondent. In spite of all efforts he has remained absent. With the assistance of learned Additinal Advocate-General, Balochistan, Ch. Ejaz Yousaf we have gone through the judgment passed by the learned Sessions Judge, Sibi Division, Sibi on 15th April, 1990. The learned Sessions Judge while passing the order under section 265-K of Cr.P.C. Has observed that Tehsildar/Second Class Magistrate, Dhadar was not comptent to record the statement of the accused under section 164, Cr.P.C. The learned State counsel has produced before us a notification dated 14-9-1986 empowering the Tehsildar/Second Class Magistrate, Dhadhar to record the statement under section 164, Cr.P.C. The notification for ready reference is reproduced here as under:- "In suppersession of defunct Government of West Pakistan, Home Department, Lahore's Notification No,13/98-H-Judl-II/60, dated 5th August, 1960 and in exercise of powers conferred by section 12 read with section 39 of the Code of Criminal Procedure, 1898 (V of 1898), the Government of Balochistan is pleased to invest the following officers with the powers of Magistrate of Second Class within their local limits of the area:-- ' QUETTA DIVISION
(1) Tehsildar Quetta.
(2) Tchsildar Pishin.
(3) Tehsildar Chaman
(4) Tehsildar Nushki. KALAT DIVISION
(1) Tehsildar Kalat.
(2) Tehsildar Khuzdar.
(3) Tehsildar Mastung.
(4) Tchsildar Dureji.
(5) Tchsildar Zchri.
(6) Tehsildar Wadh.
(7) Tehsildar Mashkai
(8) Tehsildar Hub.
(9) Tehsildar Sonmiani.
(10) Tehsildar Uthal.
' SIBI DIVISION
(1) Tehsildar Sibi.
(2) Tehsildar Harnai.
(3) Tehsildar Kohlu.
(4) Tehsildar Kahan.
(5) Tchsildar Dera
(6) Bugti. Tchsildar
(7) Maiwand. Tchsildar Sui.
' MEKRAN DIVISION
(1) Tchsildar Turbat.
(2) Tchsildar Tump.
(3) Tehsildar Panjgur.
(4) Tehsildar Gawadur.
(5) Tchsildar Pasni.
(6) Tchsildar Ormara.
(7) Tchsildar Jcwani.
' LORALAI DIVISION
(1) Tchsildar Bori.
(2) Tchsildar Musakhel.
(3) Tehsildar Barkhan.
(4) Tehsildar Duki.
(5) Tehsildar Qamardin Karcz.
(6) Tehsildar Killa Saifullah.
(7) Tehsildar Lower Zhob.
(8) Tchsildar Muslim Bagh.
' NASIRABAD DIVISION
(1) Tchsildar Dandar.
(2) Tchsildar Lahri.
(3) Tchsildar Bhag.
(4) Tehsildar Gandawah.
(5) Tchsildar Dera Murad Jamali.
(6) Tchsildar Jhat Pat.
(7) Tehsildar Usta Muhammad.
2. In exercise of powers conferred by section 37 read with section 39 of the Code of Criminal Procedure, 1898, the Government of Balochistaa is further pleased to invest all the Magistrates of the Second Class (Tehsildars) with the powers under sections 164 and 167, specified in Schedule IV of the Code of Criminal Procedure, 1898.
3. ' By the order of Governor Balochistan."
4. On face of it, therefore, the impugned judgment seems to be illegal which is set aside and the case is remanded to the learned Sessions Judge, Sibi Division, Sibi for retrial. The learned Sessions Judge should provide opportunity to the prosecution to produce its evidence if any and then dispose of the case according to law.
5. ' It may be seen that entire Province of Balochistan, Tehsildars/Second Class Magistrates have been empowered to record the statement under section 164, Cr.P.C.