ABDUL HANAN vs THE STATE

' On 2-7-1971, Abdul Hanan of Choghul Pura lodged a report at Police Station Saddar, Peshawar and charged Maskeen for an attempt to murder the complainant's mother by firing at her with a shot gun. This report was scribed by Azizur Rehman S.H.O. Of the Police Station. The case was partly investigated by Muhammad Tahir Khan, A.S.I. Police Station Saddar. As a result of the investigation the Investigating Officer (Muhammad Tahir) came to the conclusion that the shot was, in fact, fired by Abdul Jalil and had accidentally hit the mother of the complainant. The case against Abdul Jalil was, therefore, challaned to Court.

2. The police lodged a complaint under section 182, P.P.C. Against Abdul Hanan who had lodged the F.I.R. To S.I. Azizur Rehman. In the complaint, Mehboob, Maskeen, Abdul Shakoor and Muhammad Tahir A.S.I. Were cited as witnesses, out of whom Abdul Shakoor was examined, but he denied all knowledge of the occurrence. Mehboob was abandoned and only Maskeen and A.S.I. Muhammad Tahir were examined. As a result of the trial of Abdul Hanan under section 182, P.P.C. Mr. Abdul Rashid Khan, M.I.C. Peshawar convicted Abdul Hanan undcr section 182, P.P.C. And sentenced him to pay a fine of Rs,30 only or in default to suffer one month's R.I. By his order, dated 22-6-1972.

3. Abdul Hanan went in revision before the Sessions Judge, Peshawar. The learned Sessions Judge after hearing the revision petition referred the case to this Court for quashment of the proceedings on the ground that A.S.I. Muhammad Tahir was not authorised to lodge the complaint.

' Arguments of Mr. Muhammad Shafiq Khan, Advocate for Abdul Hanan and Mr. Muhammad Shah Badshah, Advocate for the State heard. Record perused, ' Section 182, P.P.C. Lays that:-- "Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant:--

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to injury or annoyance of any person, shall he punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

Section 195, Cr.P.C. Reads:- "( 1 ) No Court shall take cognizance:--

(a) of any offence punishable under sections 172 to 188 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.

(h) Rehman S.H.O., who scribed the First Information Report of Abdul Hanan, has not even been cited as a witness. Section 195, Cr.P.C. Does not permit any delegation of authority by the public servant concerned. In this view of the case, under section 195, Cr.P.C., the Court of Magistrate, Peshawar, could not take cognizance of the complaint and the proceedings of the complaint in this Court, therefore, are liable to be quashed. I therefore, set aside the conviction and sentence of Abdul Hanan under section 182, P.P.C. And dismiss the complaint.

' It is a settled law that where the Court dismisses a complaint for noncompliance of section 195, Cr.P.C. The dismissal does not operate as an acquittal by a Court of competent jurisdiction so as to bar a fresh and proper complaint in accordance with the section. Reliance is placed on Rana Muhammad Afzal Khan v. The State PLD 1962 SC 397. The prosecution, if advised, may lodge fresh and proper complaint under section 182, P.P.C. Against Abdul Hanan.