S3-Special Magistrate-Where a Magistrate acts not as a Special Magistrate, but as an Ord nary Magistrate, an appeal in the usual course will lie against his decision. Manoranjan Dey Vs. State (1959) 11 DLR 172.
-Special Magistrate-Not a Magistrate within the scope of section 408 Cr.PC-No appeal lies from his order, Hari Mia Vs. State (1959) 11 DLR (SC) 368.
-Distinction between Special Magistrate and Magistrate invested with special powers.
Where the lower Appellate Court erroneously considered an appeal to be incompetent as the petitioners were tried by a Magistrate with special pow- ers and, as such, no appeal lay against such decision of the Magistrate. Held: The decision of the lower Appellate Court holding that the appeal was incompetent is wrong because the trying Magistrate was not appointed as a Special Magistrate, but he tried the case as an ordinary Magistrate invested with special powers:
The offence committed by the petitioners does not come within the purview of Act 10 of 1956. Pan Lamba Vs. State (1960) 12 DLR 407: (1960) PLD 941
-Although the Special Magistrate was ap- pointed under East Pakistan Act 10 of 1956, section 5 thereof gave him the identical powers as in section 190 Cr. P.C. and as such by reason of the provi- sions of section 8 of the said Act making the Crimi- nal Procedure Code applicable to all matters connect- ed with, arising from or consequent upon a trial by a Special Magistrate appointed under the said Act 10 of 19 the provisions of section 191 of the Cr.P.C. too were attracted to such trials. Bharat Te- wari Vs. N. Hossain 17958) 10 DLR 481 (1959) 9 PLR 276.
No appeal lies against an order of acquittal passed by a Special Magistrate under Act 10 of 1956-Provisions of section 417 Cr.P. Code not applicable Superintendent & Remembrancer of Legal Affairs, Govt. of EP. Vs. Syed Bazlur Raloman (1959) 11 DLR 504: (1960) PLD (Dac) 206
