Law: Penal Code (XLV of 1860)

Section: 497, 34, 10

(a) Precedents High Court not bound by decisions of Judicial Commissioner of Sind-High Court of Sind &Baluchistan being successor Court, such decision would be treated with respect and precedents would not be departed from lightly unless for good reasons to contrary. (b) Penal Code (XLV of 1860) S. 497 read with Ss. 34 & 10)-Adultery-Complainant filing complaint of adultery committed against his sister-in-law stated to be in his custody-Complaint containing expression: "It is submitted with leave of this Honourable Court under S. 199, Cr. P. C." although no such leave had been granted-Contention that Court by mere taking cognizance of case had granted leave for filing complaint had na force-Leave contemplated by S. 199 to be taken before cognizance is taken and not afterwards-Victim of adultery also- not found to have been in custody of complainant on behalf of her husband Complaint, held, barred under S. 199, Cr. P. C. and quashed-[A I R 1928 Sind 159 dissented from]. Date of hearing: 23rd May 1973.                                                                                                                             JUDGMENT This is a reference by the learned 1st Additional Sessions Judge, Hyderabad recommending that a complaint filed by one Saeed Khan against the respondents 1 to 6 under section 497 of the P. P. C. read with sections 34 and 109 and now pending in the Court of the 2nd Extra Joint Civil Judge and 1st Class Magistrate, be quashed. The facts which have led up to the reference are that the respondent No. 7 one Saeed Khan filed a complaint in the Court of the City and S. D. M., Hyderabad on the 29th August 1970, alleging that respondent No. 1 has developed intimacy with one Mst. Asghari wife of Jamil Ahmad. The complaint stated that the lady was the sister of the wife of the complainant and that she was under his care and…