Law: Criminal Procedure Code (V of 1898)

Section: 195,173,200,249A,439,561A

Law: Pakistan Penal Code, 1860

Section: 186

(a) Criminal Procedure Code (V of 1898)--- ----S. 195---Prosecution for contempt of lawful authority of public servant--­Provisions of S.195, Cr.P.C. are mandatory in nature. Plain reading of section 195, Cr.P.C. would indicate that it starts with negative words as well as using the word "shall". Any section commencing with negative terminology, is always mandatory' over and above the fact that the word "shall" followed the negative expression in addition. 1993 PCr.LJ 767; 1997 MLD 2097 and 1998 PCr.Lt 87 ref. (b) Interpretation of statutes--- ---- Any provision of an enactment commencing with negative terminology, is always mandatory over and above the fact that the 'word "shall" followed the negative expression in addition. 1993 PCr.LJ 767; 1997 MLD 2097 and 1998 PCr.LJ 87 ref. (c) Penal Code (XLV of 1860)--- ----S. 186---Criminal Procedure Code (V of 1898), Ss. 173 & 200--­Obstructing public servant in discharge of public functions ---Procedure--­Complainant in case of offence under S.186, P.P.C. was bound to file a complaint under S.200, Cr.P.C. and the matter could not be taken cognizance of either by the S.H.O. or by the Trial Court and a challan under S.173, Cr.P.C. could not at all be equated with a complaint under S,200, Cr.P.C. (d) Criminal Procedure Code (V of 1898)--- ----S.249-A---Rejection of application for acquittal of accused ---Effect--­Court if suffered from total lack of jurisdiction, any proceedings initiated by it, would be void ab initio, no matter if somebody surrendered to its jurisdiction or not---No estoppel exists in law and that too when the liberty of a person was involved---Contention that the accused, after the rejection of his application under S.249-A, Cr.P.C. having completely surrendered to the jurisdiction of the Trial Court, was barred to challenge the same in any manner, was repelled in circumstances. (e) Criminal Procedure Code (V of 1898)-- ----Ss. 439, 561-A & 195---Penal Code (XLV of 1860), S.186---Quashing of proceedings---Only normal and genuine proceedings would be protected and could not be interfered with by High Court under its revisional or- inherent jurisdiction---Proceedings which were neither normal…

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