ISHFAQ AHMAD vs THE STATE
This matter arises from a petition for leave to appeal against the dismissal of an application under Section 561-A of the Code of Criminal Procedure 1898 for the quashment of criminal proceedings initiated under Sections 182 and 211 of the Pakistan Penal Code 1860. The petitioner had initially lodged a complaint before the Assistant Commissioner against certain persons including a police officer, leading to the registration of a case. Following an investigation concluding the allegations were false, the Station House Officer initiated proceedings under Sections 182 and 211 of the Pakistan Penal Code 1860 against the petitioner. The core legal question concerns whether the proceedings violate Section 195(1)(a) of the Code of Criminal Procedure 1898 regarding the proper authority competent to file a complaint for offences under Sections 172 to 190 of the Pakistan Penal Code 1860. The Supreme Court granted leave to appeal to make an authoritative pronouncement on the question and stayed the proceedings in the interim.
- Whether proceedings under sections 182 and 211 of the Pakistan Penal Code 1860 can be initiated without a complaint in writing by the public servant concerned under section 195(1)(a) of the Code of Criminal Procedure 1898?
- Does Section 195(1)(a) of the Code of Criminal Procedure 1898 bar a court from taking cognizance of offences punishable under sections 172 to 190 of the Pakistan Penal Code 1860 except on the written complaint of the specific public servant concerned or their superior?
- Section 447, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 182, Pakistan Penal Code 1860
- Section 211, Pakistan Penal Code 1860
- Section 561-A, Code of Criminal Procedure 1898
- Section 195(1)(a), Code of Criminal Procedure 1898
- Section 195, Code of Criminal Procedure 1898
- Section 172, Pakistan Penal Code 1860
- Section 190, Pakistan Penal Code 1860
ORDER
' ASLAM RIAZ HUSSAIN, J.-Facts giving rise to the petition are, briefly, that Mr. Ashfaq Ahmad Cheema (petitioner herein) approached Assistant Commissioner, Ahmedpur East, with a complaint against some persons including a police officer, for offence under sections 447/506 and 147, P. P. C.
Probably he had to resort to this course because the police had refused to register a case against a police officer. However on his complaint the Assistant Commissioner, directed the police at Police Station Ahmedpur East to register the case against the accused, which was accordingly registered.
After investigation the S. H.
0.-Ahmedpur East is stated to have come to the conclusion that the allegations made by the petitioner were false. The S. H.
0. Therefore initiated proceedings under section 182/211, P. P. C. Against the petitioner. He also filed a private complaint against the same persons, in the Court of Assistant Commissioner on the same facts who, we are informed, has summoned the accused persons named therein. The petitioner also 'filed an application under section 561-A, Cr. P. C. Before the High Court for quashment of the proceedings under section 1s21211 P. P. C. Initiated against him by S. H.
0. Ahmadpur East, on the ground that the said complaint is violative of section 195(1)(a), which reads as follows "195. Prosecution for contempt of lawful authority, of public servants-Prosecution for certain offences against public justice-Prosecution for certain offences relating to documents given in evidence (1) No Court shall take cognizance : a. Of any offence punishable under sections 172 to 190 of the Pakistan Penal Code, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate ;
(b) . . . .
(c) .
2. The learned counsel for the petitioner, however, relied on Malik Muhammad Stag v. The State (1), to argue that the learned High Court had failed to keep in mind the mischief sought to be suppressed by the provisions of section 195, Cr. P. C. That cognizance of the offence mentioned therein should not be taken except on a written complaint filed by the public servant concerned, i,e, the Public Servant who has been approached by the person moving the machinery of law, who in this case, according to petitioner, was the Assistant Commissioner and not the S. H.
0.
3.Since these-is no decision of this Court on this question we grant leave so that an authoritative pronouncement may be made thereon Proceedings under section 182/211, P. P. C. Against the petitioner shall, however, remain stayed in the meanwhile.