Law: Penal Code (XLV of 1860)

Section: 182

Law: Law Reforms Ordinance, 1972

Section: 3

Penal Code (XLV of 1860)--- ----S. 182---Law Reforms Ordinance (XII of 1972), S.3---Quashing of proceedings---Contention was that proceedings or a complaint under S.182, P.P.C. could only be filed, if after registration of an F.I.R. the same was found. false and cancelled and that since information had been provided to the senior Police Officer, S.H.O. had no power to prepare or submit complaint or Qalandra under S.182, P.P.C.---Said contention was void and utterly groundless---Such was a very grave mistake to believe that only an S.H.O. was a public servant---Under S.154, Cr.P.C. information could only be laid before S.H.O., but S.182, P.P.C. spoke about giving information to any public servant and not to an S.H.O.---Information did not necessarily mean an F.I.R. and the same could be laid before a Magistrate or a public servant and not only before S.H.O. as contemplated under S.154, Cr.P.C..---Action under S.182, P.P.C., therefore, could be taken, if a false information was given to a public servant, which did not necessarily mean information under S.154, Cr:P.C. only---Section 182, P.P.C. could be invoked even if a direct complaint was found false---Intra-Court Appeal was dismissed in limine accordingly. PLD 2007 SC 539; 1983 PCr.LJ 1097 and PLD 2000 Lah. 84 ref. ORDER The learned counsel has filed this I.C.A. in Writ Petition No.6786 of 2009 and called in question order of the learned Single Bench, dated 14-4-2009. 2: Before the learned Single Bench, appellant had challenged and sought quashment of proceedings presently pending before the learned Judicial Magistrate, T.T. Singh by way of Qalandra under section 182, P.P.C. The said Qalandra was prepared and submitted by S.H.O. Police Station Saddar, T.T. Singh. According to Qalandra or complaint under section 182, P.P.C., present appellant lay information to different public servants against the respondents involving respondents in false case. This includes information/complaint before the police officials as well as judicial officers. The motive behind this filing of false information/complaint is dispute over a property. 3. A charge was framed in the Court of Mr. Abid Ali Chaudhry, Civil Judge-cum-Judicial…

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