MRS. SURRAYA ANWAR SHEIKH Versus SHEIKH ANWAR AHMAD
Mrs. Surraya Anwar Sheikh submitted this petition under section 561‑A, Cr. P. C. for quashing the proceedings pending against her in the Court of Magistrate 1st Class, Lahore in case titled Sh. Anwar Ahmad v. Mst. Surraya Mehraj‑ud‑Din under section 500, P. P. C.
2. Sh. Anwar Ahmad instituted a complaint on 20th July 1:974, against the present petitioner levelling allegations that Mst. Surraya Mehraj‑ud‑Din had been declaring herself to be his wedded wife and thus, defaming him as he was already a married person and had grown‑up children. The complainant besides offering his own statement, produced Muzaffar Hussain and Abdul Hakeem in support of his statement. The learned Magistrate found a prima facie case against the petitioner under section 500, P. P. C. and he summoned her as an accused vide order dated 26th July 1974.
3. It was contended by the learned counsel for the petitioner that the petitioner being legally wedded wife of Sh. Anwar Ahmad complainant respondent, had every right to declare that she was his lawfully wedded wife and there was no such imputation for which she could be held responsible for defamation; that the offence of defamation would be constituted only if the statement made contained the tendency of causing harm to the reputation of a person.
4. The learned counsel for the respondent contended that the respondent was a married person and had grown‑up children and was passing a happy married life and in that event, could not think of marrying a second time; that the imputation of the petitioner about marriage had lowered his prestige in the eyes of the public and a clear case of defamation had been committed by the petitioner.
5. I have considered the arguments of the learned counsel for the parties. I have also gone through the complaint and the preliminary evidence. It is provided in section 499, P. P. C. "that whoever by words spoken makes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, to defame that person". If a person makes any imputation by words spoken concerning any person and the imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of a person, he is guilty of, an offence of defamation. The most material point for determination is as to whether or not Mst. Surraya Anwar Sheikh petitioner is the leg aIJy wedded wife of the, respondent. It is a question of fact which cannot be decided in this petition. It can only be determined after adducing of evidence by both the parties. It is not a fit case for invoking the inherent jurisdiction of this Court. The petition for quashing the proceedings is dismissed.
Criminal Miscellaneous No. 419‑M of 1975
Sh. Anwar Ahmad filed this petition in Crl. Misc. No. 209/Q‑75, under section 476, Cr. P. C. alleging that Mrs. Surraya Anwar Sheikh had rendered herself liable to prosecution as she had personated before this Court. According to Sh. Anwar Ahmad, the real name of Mrs. Surraya Anwar Sheikh was Mst. Parveen Khokhar. Certain photostat copies of the certificates issued by Sales Manager, Assistant Manager, Regional Manager, original photograph attested by Professor and demand loan have been placed on record. This is not material as to whether or not the name of Mrs. Surraya Anwar Sheikh is Mst. Parveen Khokhar. There could ire hardly any dispute about her identity. She is the same person. It is not expedient in the interest of justice to hold inquiry into the allegations levelled in this petition. The petition is accordingly, dismissed.
Petition dismissed.