Law: Penal Code (XLV of 1860)

Section: S. 211

Pena, Code (XLV of 1860), S. 211-Case prima facie made out in Court but accused acquitted eventually-Charge, held, made in (1ood faith-Offence under S. 211 not substantiated.  JUDGMENT   This rule was obtained against an order of revival of the prosecution of the petitioner under section 211 of the Pakistan Penal Code as made by the Magistrate on 14-9-59.   It appears that the petitioner lodged an information to the police about an occurrenceunder section 394 of the Pakistan Penal Code. A final report was submitted by the police re commending the prosecution of the petitioner under section 211 of the Penal Cede. Accordingly a case was started under section 211 of the Penal Code against the petitioner. The petitioner, however, filed a Naraji petition against the acceptance of the final report submitted by the police. A judicial enquiry was held and a prima facie case was made out with regard to the case brought by the petitioner against the accused persons. The accused persons were then proceeded under section 394 of the Penal Code. In view of this state of things, the case under section 211 of the Penal Code against the petitioner was disposed of by an order dated 21-7-59 discharging the petitioner under section 253 (2) of the Code of Criminal Procedure. The case against the present petitioner was, however, sought to be revived when the case under section 394 of the Penal Code against the accused persons Samad and others were finally disposed of after taking evidence. The petitioner moved the Sessions Court against such an order of revival but without any success.   Mr. Sayem, the learned Advocate appearing for the petitioner urged two points before me. His first contention was that the order for revival of the case under section 211 of the Penal Code against the petitioner, was without jurisdiction as the learned Magistrate had no power in law to start a case like that without a formal sanction as required by the rules. He, however, has not laid much stress on this point and has argued with vehemence that whether or not there was sanction in view of the facts of the case, there was no scope for starting or reviving the proceeding under…