P L D 1979 Karachi l l9 (PLP)

R. A. Qureshi for the State. Sardar Khan S. Lashari for Respondent No. 2 (absent). Dates of hearing : 18th and 19th September 1978. This is a petition under section 561‑A, Cr. P. C. for quashment of the proceedings of a criminal case for offence under section 500, P. P. C. pending in the Court of Civil Judge and F. C. M., Jacobabad.

2. The facts in brief are that the petitioner Ch. Riaz Ahmed, President, Pakistan WAPDA Labour Union, Lahore forwarded information in writing to Chairman, WAPDA, Lahore that there was corruption in the administra tion at Guddu Tharmal Power Station and that several firms including that of Mr. Saeed Ahmed and Mushtak Ahmed Contractors were getting contracts through their relatives in the WAPDA Office. It was accordingly prayed by the petitioner that the Project Director, Guddu may be transferred before starting enquiry against him. This letter is dated 25‑7‑1976. On 10‑8‑1976 an office order was issued directing that no further work may be allotted to the firms mentioned in the letter of the petitioner including the firm of Messrs Saeed Ahmed & Co. On 28‑8‑1976 a notice was also issued to the said firm by the Project Director, Guddu to explain the position whether the partners in that firm were related to one Mr. Khalid Aijaz, Assistant Engineer, Guddu. Messrs Saeed Ahmed & Co. then filed a direct complaint in the Court of D. M. Jacobabad, against Ch. Riaz Ahmed for offence under section 500/501, P. P. C. This was forwarded to Civil Judge and F. C. M., Jacobabed for disposal.

3. It has been pointed out by Mr. S. A. Wadood on behalf of the petitioner that the Court at Jacobabad had no jurisdiction to entertain this complaint, as the publication of the letter in question written by Mr. Ch. Riaz Ahmed at Lahore took place at Lahore and Islamabad only; that the complaint has obviously been filed at Jacobabad for the reason that a firm that used to get work from the Ghulam Thermal Power Station, was black‑listed as a result of the information that this was a consequence of the publication of the matter at Lahore and Islamabad. This consequence not being one of the ingredients constituting the offence of defamation, would not attract application of section 179, Cr. P. C., because `Defamation', as soon as it is published makes out a complete offence in itself, irrespective A of any consequence. Mr. Wadood bas quoted P L D 1962 Kar. 499 and A I R 1960 Orissa 126 in support of this contention. Section 179 is to the effect that, when a person is accused of the commission of any offence by reason of nothing which has been done, and any consequence which has ensued, such $n offence may be enquired into or tried by a Court within the limits of whose jurisdiction any such thing has been done o: any such consequence has ensued. Now if the consequence is not necessary for completion of the offence, then the place where the consequence has ensued could not be taken into consideration for determining territorial jurisdiction The Court at the place where the consequence bas ensued, will have no jurisdiction to enquire into or try the offence which was completed by publication elsewhere.‑.

4. In this connection Mr. Rashid Akhtar Qureshi on behalf of the State has further pointed out that even a copy of this letter alleged to be defamatory had not been forwarded to the Project Director at Guddu Thermal Power Station so that it could be said that there was publication also at Guddu. That in any case petitioner Ch. Riaz Ahmed had no hand in dissemination of the information supplied by him to Chairman, WAPDA, Lahore at Guddu in Jacobabad District. That under these circumstances it would cause unnecessary harrassment to petitioner Ch. Riaz Ahmed to keep on attending hearings of this case at Jacobabad from Lahore where the offence took place.

5. Since the letter in question was sent from Lahore and it was published at Lahore and Islamabad, the Courts at Lahore and Islamabad alone will have jurisdiction. The learned Civil Judge and F. C. M., Jacobabad accordingly acted without jurisdiction when he entertained this complaint. Under these circumstances these proceedings in the Court of Civil Judge and F. C. M., Jacobabad are quashed. S.Q Proceedings quashed.