Taking of cognizance

2013 PCrLJ 18 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

Ss. 182 & 211Criminal Procedure Code (V of 1898), Ss. 155, 195 & 561-AConstitution of Pakistan, Art. 199Constitutional petitionFalse information to public servant and false chargeQuashing of proceedingsTaking of cognizance

Earlier, a case was registered by petitioner against respondent and Trial Court acquitted respondent on the ground that case was false

Subsequently, on the direction of Sessions Judge, case under S.182, P.P.C. was registered against petitioner

Validity

Registration of F.I.R. by police on letter issued by District Attorney on behalf of Sessions Judge followed by investigation by police, at his own were not permitted by law

Such act of police was void, unlawful and trial on the basis of the same was coram non judice

Proceedings under S.182, P.P.C. could only be initiated on a written complaint of police officer but the section was inserted in F.I.R. on a letter from District Attorney

Offence having not been included on a written complaint of police officer concerned, proceedings under S.182, P.P.C. were unlawfully initiated against petitioner

Proceedings under S.211, P.P.C. could only be initiated on a written complaint of a court or by any other court to which such court was subordinate but there was no complaint in writing from Trial Court or any other court

Provisions of sections 155 and 195, Cr.P.C. were mandatory in nature, therefore, its non-compliance vitiated entire proceedings

F.I.R. registered against petitioner on the direction of Trial Court was void and illegal, hence proceedings initiated against petitioner were without jurisdiction

Order passed by Sessions Judge for registration of case was set aside and F.I.R. registered against petitioner was quashed

Petition was allowed accordingly.