Law: Criminal Procedure Code (V of 1898)

Section: 195(1)(c)

Law: Penal Code (XLV of 1860)

Section: 468, 471

  Criminal Procedure Code (V of 1898), S. 195(1)(c) read with Penal Code (XLV of 1860), Ss. 468 & 471---Prosecution for offence of using fogged document as genuine---Sanction order on a slip of paper bearing no date and not showing that officer applied his mind---Not a valid substitute for a proper complaint as provided under S. 195(l)(c), Cr. P. C.---Conviction, held, improper and illegal for absence of a valid complaint. Rahimuddin and others v. The State P L D 1960 Dacca 975 and Rana Muhammad Afzal Khan v. The State P L D 1962 S C 397 distinguished. Dates of hearing: 5th and 15th February 1971.   JUDGMENT Falak Sher (32), Andlip (32) and Amir Bakhsh (55) were tried for offences under sections 419, 420, 468 and 471, P. P. C. by Mr. Niamat Ullah Khan, Section 30 Magistrate, Bannu, who convicted and sentenced them as below: Falak Sher and Amir Badshah under section 471/114, P. P. C. to undergo rigorous imprisonment for a period of seven years each; and Andalip to undergo rigorous imprisonment for a period of seven years under section 471, P. P. C. The accused were, however, acquitted of the charge under section 420/114, P. P. C. 2. Falak Sher and Andalip filed separate appeals questioning the correctness of their conviction and the sentences. This judgment will dispose of both the appeals together. 3. Shortly stated, the facts of the case are that Andalip filed a declaratory suit on 3rd January 1967 in the Court of the Senior Civil Judge, Bannu, that he was owner by purchase of land measur ing 444 kanals and 13 marlas, situate in village Nar Faqir Muham mad Masoom, Bannu, from one Abdul Baqi in lieu of Rs. 97,823.00. On 4th January 1967 a deed of compromise, Exh. P. P., was filed and the suit was decreed. On April 1, 1967, a complaint Exh. P. A/1 was filed by Kamal-ud-Din (P. W. 2) in the Court of the District Magistrate, Bannu, who endorsed it to the Superintendent of Police, Bannu and under his orders an enquiry was held under section 156(3), Cr. P. Code with the result that a case was registered on the 29th of July 1967. 4. The appeals, I am afraid, must be allowed on the short ground that the convictions were improper for absence of a valid…