False FIR :182 proceeding

False FIRجھوٹی ایف آئی آر پر پولیس کے خلاف مقدمہ درج ہو گا۔۔۔۔ PLD 2020 Sc 719...The appellant was convicted under Section 182 P.P.C. by the learned Sessions Judge, Hafizabad for filing false complaint------------The offence under Section 182 of the Pakistan Penal Code has been mentioned in Section 195(1)(a) of Criminal Procedure and in case of commission of an offence under this section a complaint had to be filed by the public servant concerned------------In the instant case no complaint under Section 182 of the Penal Code for the trial of the accused for that offence was made by the public servant--------------Besides, Section 476, Criminal procedure Code 1898 applied only to offences mentioned in Section 195 (1) (b) and (c) and not to those mentioned in Section 195 (1)(a)---------------If the offence in question does not fall within the purview of Section 195 (1) (b) and (c) of the Code of Criminal Procedure 1898, a court has no jurisdiction to make a complaint under Section 476, Criminal procedure Code 1898-------------Section 195 (1) (a) of the Code of Criminal Procedure provides that no court shall take cognizance of any offence punishable under Sections 172 to 188 of the Pakistan Penal Code except on the complaint in writing of the public officer concerned or of some other public servant to whom he is subordinate--------------It was not the position in the present case that a complaint had been made in respect of an offence for making false statement------------In the present case, the District and Sessions Judge could have made a complaint in respect of an offence under Section 182 PPC before the jurisdictional Magistrate in accordance with law and the jurisdictional Court was not debarred from taking cognizance of that offence---------------Resultantly, appeal is allowed. Crl. Appeal 1451559.1974-12 BABU KHAN VS THE STATE Justice Miss Aalia Neelum 2021 LHC 5254..2021 P Cr. L J 1648 (a) Penal Code (XLV of 1860)--- ----S. 182---False information with intent to cause public servant to use his lawful power to the injury of another person---Petition for quashing of proceedings---Failure to issue show cause notice---Effect---Petitioner sought setting aside of proceedings initiated under S. 182 of P.P.C.---SHO had not issued any show cause notice to the petitioner to appear and explain her position and in the proceedings under S. 182, P.P.C. issuance of show cause notice was mandatory requirement of law non-fulfillment of which deprived the petitioner of opportunity of hearing---Acquittal of accused person from the charge did not mean that the information given by petitioner was false---Report prepared and submitted by the SHO revealed that the same was not based upon any evidence rather the same was prepared just on the basis of speculations and surmises---Constitutional petition was accepted and the proceedings under S. 182, P,P,C, were quashed. Muhammad Murad v. The State 1983 PCr.LJ 1097 ref. Muhammad Juman v. The State 2005 YLR 1785 rel. (b) Penal Code (XLV of 1860)--- ----S. 182---False information with intent to cause public servant to use his lawful power to the injury of another person---Scope---When an information is lodged with bona fide belief and knowledge of it being true, it cannot be termed as false, if the same is not proved in accordance with the legal or procedural standard of proof---Such a complaint or information can be said to be not proved, but not false so to attract the penal provisions of S. 182, P.P.C. (c) Penal Code (XLV of 1860)--- ----S. 182---False information with intent to cause public servant to use his lawful power to the injury of another person---Scope---Person who lays information to police is entitled to have his case judicially determined before he is called upon to answer the charge of giving false information. (d) Administration of justice--- ----No one should be condemned unheard and opportunity of hearing is vested right of a party before passing any adverse order against that party.