Law: Criminal Procedure Code (V of 1898)

Section: 195

Law: Penal Code (XLV of 1860)

Section: 182

(a) Criminal Procedure Code (V of 1898), S. 195-Provisions of S. 195 do not permit any delegation of authority by public servant concerned-Penal Code (XLV of 1860), S. 182. (b) Criminal Procedure Code (V or 1898), S. 195-Court dis missing complaint for non-compliance with provisions of S. 195 Dismissal does not operate as an acquittal so as to bar fresh and proper complaint in accordance with law. Date of hearing 31st July 1973.                                                                                                                              JUDGMENT On 2-7-1971, Abdul Hanan of Choghul Pura lodged its report at Police Station Saddar, Peshawar and charged Maskeen for an attempt to murder the complainant's mother by firing at her with a shotgun. This report was scribed by Azizur-Rehman S. H. O. of the Police Station. The case was partly investigated by Muhammad Tahir Khan, A. S. I. Police Station Saddar. Am a result of the investigation, the I. O. (Muhammad Tahir came to the conclusion that the shot was, in fact, fired by Abdul Jali6 and had accidentally hit the mother of the complainant. The case against Abdul Jalil was, therefore, challaned to Court. 2. The police lodged a complaint under section 182, P. P. C. against Abdul Hanan, who bad lodged the F. I. R. to S. I. Azizur-Rehman. In the complaint, Mebboob, Maskeen, Abdub Shakoor and Muhammad Tahir A. S. I. were cited as witnesses out of whom Abdul Shakoor was examined, but he denied all knowledge of the occurrence. Mehboob was abandoned and only Maskeen and A. S. I. Muhammad Tapir were examined. As a result of the trial of Abdul Hanan under section 182, P, P. C. Mr. Abdur Rashid Khan, M. I. C., Peshawar convicted Abdul Hanan under section 182, P. P. C., and sentenced him to pay car fine of Rs. 30 only or in default to suffer one month's R. I. by his order dated 22-6-72. 3. Abdul…