2004 P Cr (PLP)

The perusal of the order‑sheet shows this to be a classical case of inaction and abuse of power by the trial Court. Where an application under section 249‑A of the Cr.P.C. could not be decided for a whole year and still remains undecided. Where despite many dates fixed for production of the evidence, this was not produced by the prosecution and the matter kept on adjourning. Only on one date when the petitioner was not available i.e. on 10‑5‑2003 the trial Court without giving a show cause notice recalled its bail order forgetting about its own working and the delay which the trial Court was itself causing. Section 182 of the P.P.C. reads as follows:‑‑ "False information with intent to cause public servant to use his lawful power to the injury of another person.‑‑‑.Whoever gives to any .public servant any information I which he knows or believes to be false, intending 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 the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to three thousand rupees, or with both." The question was whether a wife could give a false information against her own husband while also attaching a Medical Certificate. This called for a serious thought and investigation. The F.I.R. which was registered at her instance had been cancelled and instead a Kalandra proceedings were initiated against her. Nobody has‑ probed into these facts. The Judicial Magistrate seized of the matter kept on postponing the application under section 249‑A of the Cr.P.C. oblivious of her hardships and suffering. Perhaps this fact also skipped attention during, the quarterly inspection by the learned Sessions Judge. Presiding Officers of the Courts are under a bounden duty to administer, justice in accordance with law. When we talk of justice in the. Aristotelian terms, it implies equal distribution of advantages and disadvantages amongst equals. The Judicial Magistrate lost sight of the facts that he was putting the prosecution side in an advantageous position and the accused side in disadvantageous position throughout. Despite record available before me, he continued to act as such and the question for‑consideration is whether such a person was fit for being entrusted with the work of adjudication and justice: Quarterly inspections are meant to check unjust tendency of the lower staff of the subordinate judiciary. The Sessions Judges are required to make thorough inspections of the record for digging out such‑like actions and for taking curative measures according to the system. Our system is failing because there is lack of accountability and lack of check which the system itself provides and this will continue to deteriorate if we do not ensure proper inspections and accountability. The S.H.O. who sent the Kalandra was also unfair under the circumstances. Because a Medical Report was available on the file to establish that what she was alleging was not totally false. For such a petty offence even if it was committed, should a citizen suffer so much of agony? The answer again is in the negative. There has to be a balance with respect to the crime and with respect to its punishment and the civilized society has set standards for the same and these standards are to be observed carefully and prudently with a heart, compassion and with charity and firmness allowing extenuation where necessary and acting with severity where such is needed. After examining the record and after hearing all sides, this Court is of the view that the torturous and unended proceedings before the Judicial Magistrate, deserved to be quashed in the absence of any proof forthcoming on behalf of the police/the complainant side and these are quashed. But the matter should not end here. We have to take curative measures against the maladministration on the part of the Presiding Officer who delayed such a small matter for such a long time. The learned Sessions Judge, Rawalpindi, is directed to hold a thorough inquiry in this case and also to' dig out other such cases showing abuse of authority and send his report in two weeks' time to this Court and which shall be put up before me wherever I may be. Copy of this order be sent through a special messenger to the learned Sessions Judge, Rawalpindi. The record of the trial Court, already summoned, be also returned through the same special messenger. N.M.Q./E‑43/L Proceedings quashed.