Law: Code of Criminal Procedure, 1898

Section: 561-A, 200

Law: Pakistan Penal Code (PPC),1860

Section: 499 & 500

TAG LINE Defamation complaint is liable to be quashed where publication is a bona fide public caution covered by exceptions to Section 499 PPC.  SUMMARY The High Court allowed petitions under Section 561-A Cr.P.C. and quashed defamation proceedings, holding that the impugned newspaper publication was: A good faith public warning, Issued to protect corporate interests, and Covered under the Tenth Exception to Section 499 PPC. Thus, no offence under Section 500 PPC was made out and continuation of proceedings was declared abuse of process of Court. ORDER; ABHER GUL KHAN, J. The instant petition, instituted by the petitioner, Mrs.Rameeza Majeed Nizami under Section 561-A, Cr.P.C seeks the quashment of proceedings arising out of a private complaint titled Azam Badar v. Mrs. Rameeza Majeed Nizami, presently pending before the learned Additional Sessions Judge, Lahore. Likewise, Criminal Miscellaneous No.23161-Q of 2020 has been preferred by the petitioner under the same provision of law, praying for the quashment of proceedings emanating from another private complaint bearing the identical title and pending before the same learned Court. Since both petitions arise out of private complaints instituted by respondent No.2 against the petitioner and involve substantially similar questions of law and fact, hence the same are being disposed of through this single judgment. Facts necessary for the adjudication of the instant petitions are that respondent No.2 Azam Badar instituted private complaints under Section 200 Cr.P.C., alleging commission of offences punishable under Sections 499 & 500 PPC. The said complaints were filed on 18.10.2019 against Mrs.Rameeza Majeed Nizami (petitioner). As per the averments contained in the complaint, respondent No.2 had been employed with Nida-i-Millat (Private) Limited Company (hereinafter referred to as the Company) in 1991. It was asserted that in the year 2010, pursuant to a duly registered Trust Deed, he was appointed as a Trustee of the Majeed Nizami Trust (hereinafter referred to as the Trust). In such capacity, he was entrusted with overseeing…