Law: Penal Code (XLV of 1860)

Section: 292

Penal Code (XLV of 1860)  S. 292 and Censorship of Films Act (XVIII of 1963), S. 8-Facts attracting provisions of a special law and requiring complaint by a statutory authority-Resort to proceedings under general law on same facts-Not permissible-Proceedings under S. 292, P. P. C. quashed and those under S. 8, Censorship of Films Act allowed to proceed. A complainant cannot be permitted to resort to proceedings under the general law on the basis of facts which attract the provisions of a special law, when prosecution of infringement of the special law requires a complaint by a statutory authority. Such a course tends to set the provisions provided by the special statute at naught. Date of hearing 1 30th April 1975.                                                                                                                            JUDGMENT Petitioner Abdul Sattar has filed the present application for quashment of proceedings, by way of his prosecution for offences under section 229, P. P. C. The petitioner is a Film Distributor and holds exclusive rights for exhibition, exploitation, of a Punjabi film known as "KHATRANAK". This film was certified by a Board of Film Censors appointed in pursuance of section 3 of the Censorship of Films Act, 1963, for exhibition, vide certi ficate dated 20-8-1974. The film was exhibited and screened in various towns of Pakistan including Karachi. On 13-9-1974, the District Magistrate, Karachi, informed the petitioner that the certificates issued by the Board of Film Censors, have been cancelled by the Federal Government. On the following day viz. on I4-9-1974 the same District Magistrate made another communication to the effect that the Secretary of the Central Board of Film Censor had allowed exhibition of the same film. On the night between 16th and 17th September 1974, Police Officers of 9 Police…