Law:

Section:

Criminal Procedure Code (V of 1898)-------Ss. 195, 476 476-A & 561-A---Penal Code (XLV of 1860), Ss. 193, 195 & 203---Prosecution for certain offences relating to documents given in evidence and relating to public justice, false evidence, giving or fabricating false evidence with intent to procure conviction, giving false information respecting an offence committed---Petition for quashing of order and expunction of remarks---Contents of F.I.R. revealed that accused-police official (Station House Officer) allegedly raided the house of a member of a terrorist gang on 14-10-2011, wherein weapons and explosives were found and accordingly an F.I.R. was lodged on the same day---Two local Urdu newspapers had reported the whole story verbatim on 6-10-2011, i.e., eight days prior to the registration of the F.I.R.---Trial Court while hearing the bail application of the said alleged terrorist made the observation regarding the conduct of the accused having given false information/evidence with regard to the commission of the offence and found that act on part of the accused was punishable under Ss.193, 195 and 203, P.P.C. by invoking provisions of S.476, Cr.P.C. and directed to treat the order as a complaint under S.476-A, Cr.P.C. read with S.195, P.P.C.---Trial Court issued further orders for initiating proceedings against the accused by way of separate trial and ordered further inquiry into the matter---Contention of accused that newspaper clippings were mere imagination of the news editors and alleged terrorist had never lodged any complaint against his illegal confinement/custody of the police; that false information had been attributed to the accused regarding commission of the offence, and that order of Trial Court, being against the law, was liable to be expunged---Validity---Expunction/deletion of remarks of the Trial Court could have adversely affected the trial proceedings in the F.I.R. lodged against the alleged terrorist---High Court exercised judicial restraint to let the law take its course and observed that contentions raised by accused with respect to present petition could be taken up before the Trial Court, and if they were found correct, accused…

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