1998 P Cr (PLP)
Mst. GHAFOORAN and 5 others — Petitioners Versus THE STATE and another — Respondents
| Citation | 1998 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Iftikhar Hussain Chaudhry, J |
| Parties | Mst. GHAFOORAN and 5 others — Petitioners Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1998 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Iftikhar Hussain Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 P Cr (PLP) (Mst. GHAFOORAN and 5 others — Petitioners Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Aslam for Petitioners.
Headnotes / Summary
S. 561-A
Registration Act (XVI of 1908), Ss.82-A & 83
Quashing of F.I.R.
Case against accused was registered under S.82-A of Registration Act, 1908, on ground that accused had given incorrect addresses in their power of attorney
Prosecution for any offence under Registration Act, 1908 could commence under S.83 of Registration Act, 1908 by or with permission of Inspector-General, the Registrar or the Sub-Registrar
Sub-Registrar concerned having not made any' complaint against accused, criminal case under S.82-A, Registration Act, 1908 could not have been registered against accused-- Criminal prosecution of accused, thus, was launched without lawful authority-- Only allegation against accused was that their address given in the deed was not correct, but particular as given in the deed were not alleged to be incorrect in any manner
F.I.R. against accused, was ordered to be quashed in circumstances. M.A. Rashid Chaudhry Advocate. Ghulam Rasool Advocate.
Judgment & Decree
Petition has been submitted for quashment of F.I.R., W17 of 1995 dated 15-1-1995, under section 82-A, Registration Act, 1908, Police Station Chishtian, District Bahawalnagar. The case was registered against the petitioners on the ground that they gave incorrect addresses in power of attorney and hence committed an offence punishable under section 82-A of Registration Act, 1908.
2. The petitioners applied to the trial Court for their acquittal from the case but their application was rejected by order dated 17-3-1996 passed by Magistrate 1st Class, Chishtian. The petitioners thereafter submitted present petition in which pre-admission notice to the complainant was issued by order dated 1 1-6-1996. Learned counsel for the parties have been heard in the matter.
3. Section 83 of the Registration Act, 1908 reads as under:-- "Section 83.
(1) A prosecution for any offence under this Act coming to the knowledge of a Registering Officer in his official capacity may be commenced by or with the permission of the Inspector-General, the Registrar or' the Sub-Registrar, in whose territories, district or sub -district, as the case may be, the offence has been committed. (2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class. " A perusal of the above provision shows that the only authorities prescribed in the section could have launched prosecution of the accused, who furnish incorrect information to the Sub-Registrar. In case the Sub-Registrar did riot snake any complaint against the petition/accused, a criminal case under the circumstances, for offence under section 82-A, Registration Act, could not have been registered. The criminal prosecution of the petitioners was launched without lawful authority. Even otherwise, the only allegation against the accused/petitioners is that their address given in the deed was not correct. The particulars as given in the deeds,' however, were not incorrect in any manner 4.The petition, under the circumstances, is allowed. The case F.I.R. No. 17 of 1995 dated 15-1-1995 under section 82-A, Registration Act, 1908, Police Station Chishtian, District Bahawalnagar, is hereby quashed. H.B.T./G-70/L Petition allowed.