Law:

Section:

Keywords: Discharge, Public Functions, Cognizance, Fine, Description, Order, Quashment, Proceedings, Place, Functions, Provisions, Imprisonment, Magistrate, Omission, Binding, Recording, Public Servant, Procedure, Prosecution, Wilful Disobedience, Legality Result: Order accordingly JUDGMENT The respondent in this case one Ali Hussain s/o Mohammad Hussain was sent up before the learned Additional City Magistrate No. XVIII, Karachi for trial under section 186 of the Pakistan Penal Code. The facts that were alleged against him were that the respondent was a history-sheeter of the Preedy Police Station and had repeatedly, despite being required to do so, failed to come to the police station and consequently a prayer was made to the Assistant Commissioner and Sub-Divisional Magistrate, Civil Lines to issue an order under section 5 of the Finger Prints Act, XXXIII of 1920 directing that he should so appear and give his photograph and finger prints for the record. Despite this it is alleged that the respondent who did receive the order in question failed to appear and in consequence thereof was prosecuted as I have already stated. 2. The respondent then applied to the Additional District Magistrate, Karachi under section 435 of the Criminal Procedure Code and, in con sequence thereof, the learned Additional District Magistrate has made a reference to this Court requesting that this Court satisfy itself as to the propriety, legality and the correctness of the proceedings against the respondent. 3. The learned Magistrate has pointed out that the facts alleged clearly make out no offence under section 186 of the Pakistan Penal Code which reads as follows: - "Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both." 4. Now there was no question here of the respondent obstructing…

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