2007 PLP 222 (YLR)

KHAWAJA MUHAMMAD SHARIF, J.

In continuation of my order dated 6-10-2006 learned counsel for the petitioner submits that learned Additional Sessions Judge has no authority under the law to discharge the notice, he should have proceeded under section 476, Cr.P.C. because a false certificate was submitted by the respondent before the said learned Judge regarding the writ petition, which was filed by his Senior learned counsel before this Court.

2. On the other hand, learned counsel for the respondent submits that respondent had misunderstood the message given to him, that while submitting his reply he had tendered unconditional apology before the said learned Additional Sessions Judge that he is a young man, newly entered in this profession and he undertakes to be careful in future. He has relied upon PLD 1986 Peshawar 32, 2003 YLR 249, PLJ 1998 Criminal cases 950, PLD 1987 Lahore 214 and 1984 PCr.LJ 2797.

3. Learned Addl. A.-G. submits that as far as, offence under section 193, P.P.C., is concerned, that's not applicable because it deals with giving of false evidence and the evidence is only made on oath, which has not been done in this case. Learned Addl. A.-G. has referred section 197, Cr.P.C. and submits that when respondent had admitted that the information given by him was due to misunderstanding and he had also tendered unconditional apology, so he should be let off by giving a warning to be careful in future.

4. I have heard learned counsel for the parties. As far as, offence under section 193, P.P.C. is concerned that's not applicable in this case and in this regard learned A.A.-G. has rightly made a statement before this Court. So far as, section 177, P.P.C. is concerned, that's applicable, which is re-produced below:- "

177. Furnishing false information. Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extent to six months or with fine which may extent to (three thousand rupees) of with both; or, if the information which he is illegally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offence, with imprisonment of either description for a term which may extent to two years or with fine or with both." The word mention therein that a person while making a statement should know that the statement, which he was making is false but respondent while submitting his reply had stated that due to misunderstanding he had conveyed a wrong information regarding the order passed by this Court to the learned Additional Sessions Judge. After having heard learned counsel for the parties and going through the above said section, I am of the considered opinion that offence under section 193, P.P.C. is not applicable but section 177, P.P.C. is applicable in this case. However, respondent while submitting his reply had stated that due to misunderstanding, as the message was not properly heard by him, he submitted a wrong certificate before the A learned Additional Sessions Judge regarding the order passed by this Court in writ petition and he had also tendered unconditional apology and moreover, he is newly entered in this profession, so taking into considerations all these facts, this petition is disposed of with the observation that he is warned strictly to be careful in future and no further action is called in this petition. H.B.T./M-600/L????????????????????????????????????????????????????????????????????? Order accordingly.