Law: Pakistan Penal Code, 1860

Section: 193,384,109,34

Law: Anti Terrorism Act, 1997

Section: 6(2)(k)

Law: Criminal Procedure Code (V of 1898)

Section: 561A

(a) Penal Code (XLV of 1860)--- ----S. 193---Perjury, nature and proof of---Perjury, was one of the most heinous and moral offence; it was not only an offence punishable under law, but was also against the Injunctions of Islam---Section 193, P.P.C. had provided punishment for intentionally giving false evidence---In order to make out the prima facie case of perjury against any person, it must be shown by positive evidence, or by circumstances of the case that a false statement had been given by him in relation to the proceedings in the court. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss.193, 384, 109 & 34---Anti-Terrorism Act (XXVII of 1997), S.6(2)(k)---False evidence, extortion, abetment, common intention---Quashing of proceedings, application for---Trial Court had observed in its that applicant/complainant and Mashir had given false statements before the court and notices under S.193, P.P.C. were ordered to be issued against them---Plea of the applicant was that Mashir had not filed separate reply to notice under S.193, P.P.C., but he adopted the reply submitted by him, despite the fact that notice issued against the Mashir had been withdrawn, while notice against him was still pending---Applicant had contended that he was being insisted upon for personal appearance, which was discrimination on the part of the Trial Court---Validity---No previous statement of the applicant was recorded on oath, in such circumstances, there was nothing before the Trial Court which constituted an offence of perjury under S.193, P.P.C., against the applicant---Notice issued to applicant/complainant, therefore, amounted to abuse of process of court, which could not be allowed as High Court had powers under S.561-A, Cr.P.C. to prevent abuse of process of court or to secure ends of justice---Show-cause notice under S.193, P.P.C., issued against applicant, and proceedings emanating therefrom were quashed, in circumstances. ORDER ABDUL RASOOL MEMON J.---Muhammad Yakoob Gopang, the applicant in this case registered F.I.R. No.199/2010 at Ploice Station, Qasimabad alleging therein that he is Deputy Director HESCO WAPDA, Hyderabad; that on…

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