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When an Assistant Commissioner fines or convicts a person while acting as a Special Judicial Magistrate, generally, we file revision petitions against an Assistant Commissioner's (Special Magistrate) order in Session Courts U/S 339A of CrPC. However, this time, when I filed this petition against the Assistant Commissioner, our Session Judge asked under what law I could take cognizance. I explained to him Section 4 sub-section (mn), which defines a magistrate (including a special magistrate), Section 14, Section 14A, Section 17 (subordination of magistrates, including special magistrates, to the Session Court), Section 408 (appeals against orders of magistrates, including special magistrates, to the Session Court), and Section 435. I also provided a judgment of the Session Court where I took relief, but he wants a judgment of the superior courts that legitimizes the Session Court's cognizance of the Special Magistrate Court order. Did I explain it correctly, or can you give me any relevant judgments
peshawar high court---2002 mld 1348--------quetta H.C pld 32------LHC 2024 pcrl 1081----LHC 2017 PLD 106----- (if the AC merely exercised an administrative function, that raises different issues — but if he imposed conviction or sentence, it is judicial----if the AC lacked lawful empowerment under the particular provincial/municipal statute or the notification was defective, push that point. (Courts often ask for the empowering notification)
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