2016 P Cr (PLP)

ABDUL RASOOL MEMON, J.

This revision is directed against the order dated 09.5.2015 passed by the Special Judge, Anticorruption (Prov.), Larkana, whereby direct complaint filed by applicant against respondents Nos.1 and 2 was dismissed under section 203, Cr.P.C. The background of the case is that applicant brought a complaint with the allegations that a civil appeal in respect of his property is pending in the Court of Vth Additional District Judge, Larkana, wherein respondent No.2 (Fayaz Hussain) produced a false medical certificate of his illness issued by Dr. Javed Iqbal (respondent No.1) on the pad of his private clinic showing himself a Physician & Surgeon of Civil Hospital, Karachi. It is further alleged that Court issued letters to Medical Superintendent, Civil Hospital, Karachi and Dr. Javed Iqbal for verification of said certificate. In response to that, Medical Superintendent, Civil Hospital, Karachi vide letter dated 23.7.2013 intimated the Court that there was no post of Physician and Surgeon but Dr. Javed was posted there as Senior Medical Officer, while Dr. Javed did not submit his reply in the Court despite repeated letters issued to him. It is then alleged by the complainant that on 08.9.2013 in noontime Dr. Javed (respondent No.1) contacted him over telephone and told him, his arrival at Larkana and stay in Sapna Hotel. It is then said by the applicant that he along with his relative Abdul Rasheed and servant Nisar Ahmed went to Sapna Hotel and met with Dr. Javed. During the meeting, Dr. Javed admitted to have issued false Medical certificate on the pad of his fake clinic showing him Physician and Surgeon; he, however, demanded Rs.100,000/- (rupees one lac) for denying the verification of Medical Certificate in the Court but applicant refused which annoyed Dr. Javed who said that he would verify the certificate in the Court, applicant and his witnesses then went away. It is stated that on 18.9.2013 Dr. Javed sent a letter to the Court, through which he verified the medical certificate in question to be genuine, hence this complaint was filed. Learned Special Judge, Anticorruption (Prov.), Larkana recorded statement of complainant under section 200, Cr.P.C. and got preliminary inquiry conducted through Circle Officer, Anticorruption Establishment, Larkana, who recorded statements of both the witnesses named in complaint and submitted his report without any recommendation. The trial Court after hearing the learned Counsel for complainant/applicant and evaluating the statements recorded during the preliminary inquiry, dismissed the complaint vide impugned order. Learned Counsel for the applicant argues that the evidence produced by the applicant was not considered by the trial Court while passing the impugned order, which is contrary to settled principle of law, as such, the order is liable to be set aside. I have considered the submissions made by the learned applicant's Counsel and have minutely gone through the material available on record. In a nutshell the case of the applicant appears to be that the medical certificate of his illness produced by respondent No.2 in the civil appeal pending between them has been doubted as false by him and for its verification respondent No.1 demanded bribe of Rs.100,000/- (rupees one lac), which he refused. Nothing is brought on record to show if the concerned Court wherein alleged certificate was produced has taken any action in this connection. It is an admitted fact on record that Medical Superintendent, Civil Hospital, Karachi vide his letter dated 23.7.2013 has confirmed the profession and position of respondent No.1 as doctor and is posted as Senior Medical Officer in the said hospital and Dr. Javed himself through his letter dated 18.9.2013 verified the genuineness of the medical certificate in question, as such, the allegations relating to falsity of medical certificate do not constitute ingredients of section 471, P.P.C. So far application of section 161, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947 is concerned, admittedly the medical certificate in question was issued by Dr. Javed (respondent No.1) on the pad of his private clinic. If the allegation as to demand of bribe of Rs.100,000/- (rupees one lac) by respondent No.1 is presumed to be correct, even then offences under sections 161, P.P.C. and 5(2) of Prevention of Corruption Act, 1947 would not be deemed to have been committed for the reasons firstly, that no telephone number on which respondent No.1 allegedly contacted with applicant and made alleged demand of bribe is mentioned. It is also not said as to how the applicant's number was obtained by respondent No.

1. Secondly, the alleged medical certificate undisputedly has been issued by respondent No.1 on the pad of his private clinic, which neither relates to his status as a public servant, nor he has issued alleged certificate in his official capacity, as such, it cannot be treated to be an official act of respondent No.1 as public servant, which is not punishable under section 5(2) .of Prevention of Corruption Act, 1947. In this connection, I am supported by case law reported in PLD 1975 Karachi

239. In view of above discussion, I do not find impugned order to have been passed in excess of jurisdiction, as such does not require any interference, consequently, while maintaining the same, I dismiss this revision application in limine. SL/M-108/Sindh Revision dismissed.