PLJ 2000 Cr.C. (
Present: muhammad naseem chaudhri, J. MURAD AU-Petitioner
versus
STATE-Respondent
Crl.
Misc. No. 222-Q of 1999, heard on 20.12.1999.
-—S. 182-Crimmal Procedure Code, 1898 (V of 1898), S.
169-False information-Petitioner
lodged FER u/S. 380/457 PPC in which accused was
declared innocent and got discharged without adopting mandatory provision
of S. 169 Cr.P.C.-Initiation of proceedings u/S. 182 PPC against petitioner-Challenge to-Without appropriate
order of Area Magistrate about
discharge of accused proceedings u/S. 182 P.P.C. couldnot be initiated by police on ground that petitioner
gave false informationto use lawful power
of police to cause injury to accused person-submission
of 'kalandara' before A.C. by Police to initiate criminalproceeding u/S. 182 P.P.C. against petitioner was simply
abuse of processof law and criminal
proceedings being conducted by A.C. were exercisedin futility-Without aforesaid
procedure, impugned proceedings had to fallon
ground like a house of cards-Petition accepted and proceedingsu/S. 182 P.P.C. against petitioner quashed. [P. 214]
AMalik Amin Ullah, Advocate for Petitioner.Mr. Muhammad Mazhar Sher Awan, Asstt. .A.G. and Mr. Naeem Sadiq, Advocate for State.Date of hearing: 20.12.1999.
judgment
Murad Ali petitioner got recorded FIR No. 164 on
24.3.1996 at Police Station Tandlianwala
District Faisalabad under Section 380/457 Pakistan Penal Code about the theft of heads of cattle and
ornaments valuing Rs. 4500/-. He cast the suspicion on and
nominated Mithu Ahmad, Maqsood, Yaqoob,
Nazir and Munth as his accused. The case was investigated. The police declared the accused as innocent and
prepared the report for the cancellation
of the FIR.
2.
In terms of Section
169 of the Code of Criminal Procedure thematter
was not placed before the Area Magistrate for formal discharge of theaccused persons. Without adopting the aforesaid procedure
the policesubmitted he 'kalandara' before the
Assistant Commissioner, Tandlianwalafor
holding the trial against the aforesaid Murad Ali on the ground that hegave
the false information to the police to use the lawful power to the injuryof the aforesaid accused persons of the FIR. The
proceedings have beeninitiated. Murad Ali has been charged under Section 182
3.
Through the filing of
this Cr. Misc. Murad Ali petitioner isdesirous to get quashed the
proceedings initiated against him under Section,182 Pakistan Penal Code on the ground that no formal order for thedischarge of the accused of Crime Case No. 164 of
1996 registered at hisinstance was
procured from and issued by the learned Area Magistrate andthat he has instituted a private complaint in
terms of Section 190 of the Codeof Criminal Procedure for the prosecution of
the accused.
4.
The report and
comments have been submitted wherein it isnarrated
that the private complaint filed by Murad Ali has been dismissed.However, it is expressed that the discharge report was
prepared on 11.6.1996with respect to the
aforesaid FIR No. 164 of 1996. The report is silent withrespect to the production of the police file before the
learned Area Magistratefor the appropriate orders as contemplated
under Section 169 of the Code of Criminal
Procedure. have heard the learned
counsel for the petitioner as well as thelearned
A.A.G. and the learned State counsel. At the very outset I put thequery to Zafar Ali S.I./SHO Police Station Tandlianwala
as to whether onthe basis of the
report dated 11.6.1996 the matter was placed before thelearned niaqa Magistrate for the cancellation of the FIR
No. 164 of 1996. aspect of the matter has simplified the
disposal of this dispute. I hold theview
that without the appropriate order of the learned Area Magistrateabout the discharge of the accused the proceedings
under Section 182Pakistan Penal Code
cannot be initiated by the police on the ground thatMurad Ali gave the false information to use
lawful power of the police tocause
injury to the accused persons. This free hand cannot be grantd to thepolice as the same would lay the foundation of
injustice to the inconvience ofthe
complainant(s). The supervisory jurisdiction of the
learned AreaMagistrate cannot be brushed aside, violated by
the police to set the law inmotion
against the complainant to initiate the proceedings under Section 182Pakistan penal Code. This is the crux of the
matter to make me hold that thesubmission of
the 'kalandara' before
the Assistant Commissioner,Tandlianwala by the police to initiate the criminal proceedings under
Section182 Pakistan Penal Code
against Murad Ali is simply an abuse'of process oflaw and the criminal proceedings being conducted
by the said AssistantCommissioner
are an exercise in futility. Without the aforesaid procedurethe impugned proceedings have to fall on the
ground like a house of cards.
5.
For what has been
said above, I accept this Cr. Misc. and quashthe pendency and the proceedings
of the matter hanging under Section 182
Pakistan Penal Code against Murad Ali
petitioner in the Court of theAssistant Commissioner, Tandlianwala District
Faisalabad. In the
circumstances the parties are left to bear
their own costs.
(T.A.F.) ?