' These five Revision Applications 84, 85, 86, 148 and 149 of 1977, arise out .Of the same order, which is passed by the District Magistrate and Deputy Commissioner, South, Karachi, on 29-12-1976, upon an application made before him by the P. S. I. Court No, IX, Karachi. The order purports to be one under section 435, Cr. P. C. But is in effect to set aside the orders of discharge passed under section 253, Cr. P. C. By the A. C. M. Court No, IX, Karachi, dated the 24-5-1975 which was in favour of the applicants. The District Magistrate ordered, "these cases may be remanded back to the A. C. M.
South for disposal according to law by giving full opportunity to the parties concerned, but these cases, however, should be disposed of within three months as these are very old as such early disposal of the aforesaid cases is necessary in the interest of justice". Learned counsel for the applicant, M/s. Abdul Kadar Channa and Syed Hasan Asghar have initially attacked this order mainly on the legal ground as this order was passed on a date subsequent to the coming into force of the Law Reforms Ordinance No, XII of 1972, and its application to the Province of Sind under Notification dated 23-12-1975.
2. The effect of the Law Reforms Ordinance was that a radical change has been brought about in the powers of the District Magistrates, in so far as the exercise of jurisdiction under section 436 of the Cr. P. C. Is concerned. The said section in its unamended form empowered the District Magistrate to hold further inquiry or direct the same to be done by a subordinate Magistrate in the case of any person accused of an offence who in his opinion had been wrongly discharged. After the amendment, the said section reads as under :- "On examining any record under section 435 or otherwise, the High Court or the Sessions Judge may direct the District Magistrate by himself or by any of the Magistrates subordinate to him to make, and the District Magistrate may himself make, or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or subsection (3) of section 204."
' The contention of the learned counsel thus is that the District Magistrate ceased to have any powers to interfere in the case of any accused person who has been discharged under section 253, Cr. P. C. This contention has any amount of force and District Magistrate probably worked under the impression that the old laws continued to still hold the field.
3. Mr. Muhammad Ibrahim Memon, learned counsel appearing for the State has also very elaborately argued this point. He further pointed out that the only course open to the District Magistrate, under the amended law, was to make a reference under section 438, Cr. P. C. To the High Court, for necessary action, but he had not done so. He obviously appears to have exercised powers which he did not in fact enjoy. The impugned order, therefore, is patently wrong and devoid of any legal force. The proceedings which are consequently taking place have also no basis in law.
The impugned order of the District Magistrate is therefore set aside as being against the law. As a result, the proceedings as ordered by him also cannot be continued. These applications are, therefore, allowed and disposed of accordingly.