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[PART A - GENERAL]
1. Cognizance of offence by Court of Session.-- Commitment proceedings stand abolished, but except as otherwise expressly provided by the Code of Criminal Procedure or by any other law for the time being in force, no Court of Session can take cognizance of any offence as a Court of original jurisdiction unless the case has been sent to it under sub-section (3) of section 190, of the Code of Criminal Procedure. [See section 193, sub-section (1)].
2. Magistrate to send the case to Court of Session.-- Section 190(3) requires a Magistrate taking cognizance under sub-section (1) thereof, of an offence triable by a Court of Session, to send the case to the Court of Session for trial without recording any evidence.
3. Magistrate to apply his mind before sending the case.-- The cases "triable exclusively by a Court of Session" under section 190(3) are significant; for example, all offences punishable with death and offences punishable under the offence of Zina (enforcement of Hadood) Ordinance, 1979 are offences triable exclusively by the Court of Session. Though the Magistrate is required to send the case to the Court of Session without recording any evidence, yet, he is not to act as a mere post office. He must apply his judicial mind to the material before him to ascertain whether the case is one exclusively triable by the Court of Session or it is one which he can proceed to try himself. (See 1985 SCMR 1314; 1981 SCMR 267).
4. Magistrate to justify sending of case.-- It is also to be noted that what the Magistrate sends to the Court of Session is the "Case" and not a particular accused. The occurrence of the name of a person in a particular column of the Challan or even the absence of a person's name from the Challan does not, therefore, affect the jurisdiction of the Court of Session to summon that person to stand his trial, if there be material on the record to justify such a cause. (See 1985 SCMR 1314).
5. State as "prosecutor".-- In all cases sent for trial to the Court of Session the "State" should be entered as a prosecutor.
6. Trial by Additional Sessions Judges.-- Additional Sessions Judges can try such cases only as the Provincial Government may by general or special order direct them to try or as the Sessions Judge of the Division by general or special order, make over to them for trial. (Section 193(2) of the Code.)]
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