that such offence has been committed which he may try or send to the Court of Sessions for trial .]
1[191. Transfer on application of accused. When a Magistrate takes cognizance of an offence under
subsection (1), clause (c) of the preceding section, the accused shall, before any evidence is taken, be
informed that he is entitled to have the case tried by another Court, and, if the accused, or any of the
accused if there be more than one, objects to being tried by such Magistrate, the case shall, instead of being
tried by such Magistrate, be sent to 2[* * *] to the Sessions Judge 2[* * *] for transfer to another
Magistrate.]
[192. Transfer of cases.__ A Session Judge may empower any Judicial Magistrate, who has taken
cognizance of any case, to transfer such case for trial to any other Judicial Magistrate in his district, and
such Magistrate may dispose of the case accordingly.]
3
193. Cognizance of offences by Courts of Session._ (1) Except as otherwise expressly provided by this
Code or by any other law for the time being in force, no Court of Session 4shall take cognizance of any
offence as a Court of original jurisdiction 5[unless the case has been sent to it under section 190, subsection
3[(2)].
(2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the 6[Provincial
Government] by general or special order may direct them to try, or 7* * * as the Sessions Judge of the
division, by general or special order, may make over to them for trial.
194. Cognizance of offences by High Court.__(1) The High Court may take cognizance of any offence
8
* * * in manner hereinafter provided.
[Nothing herein contained shall be deemed to affect the provisions of any Letters Patent or Order by
which a High Court is constituted or continued, or any other provision of this Code.]
9
10* * * * * *
195. 11[(1) No Court shall take cognizance__
(a) Prosecution for contempt of lawful authority of public servants. of any offence punishable under
sections 172 to 188 of the Pakistan Penal Code (XLV of 1860), except on the complaint in writing of the
public servant concerned, or of some other public servant to whom he is subordinate;
1 Subs. by Ord. 12 of 1972, s.2 and Sch., as amended by Act 23 of 1997.
2 Subs., renumbered and omitted by Ord. 37 of 2001, ss. 5354 (w.e.f. 1482001).
3 Subs. by Ord. 37 of 2001, s. 5556 (w.e.f 14082001).
4 As to procedure of courts of session in Balochistan, see British Balochistan Crinimal Justice Regulation, 1896(8 of 1896). This Procedure, however, does not affect the code in its application to
European British Subjects, see the regulation referred to.
5 Subs. by Ordinance 12 of 1972, s. 2 and Sch., for "unless the accused has been committed to it by a Magistrate duly empowered in that behalf".
6 Subs. by A.O., 1937, for "L.G.".
7 The words "in the case of Assistant Sessions Judges" rep. by the code of criminal proceudre (Amdt.) Act, 1923 (18 of 1923), s.46.
8 The Words "upon a commitment made to it" omitted by Ordinance 12 of 1972, s.2 and Sch.
9 Subs. by the Central Laws (Statute Reform) ord., 1960 (21 of 1960), s.3. and 2nd sch. (w.e.f 14101955) for the original second paragraph, as amended by the Amending Act 1916 (13 of 1916), s.2
and sch., and A.O., 1937, to read as above.
10 Subsection (2) as amended by A.O., 1937, has been omitted by Federal Laws (Revision and Declaration) Ordinance, 1981(27 of 1981), s. 3 and Second Sch.
11 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 47, for the original subsection (1).
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