Law: Penal Code (XLV of 1860)

Section: 211,395

Law: Criminal Procedure Code (V of 1898)

Section: 530(p),11

Penal Code (XLV of 1860)-----   ------ Ss. 211 & 395 read with Criminal Procedure Code (V of 1898), S. 530 (p) & Sch.11-False charge relating to offence under S. 395, P. P. C.-Case triable exclusively by Court of Session-Complaint under S. 211, P. P. C. lodged before Resident Magistrate relating to false charge under S. 395, P. P. C.-Magistrate competent only to frame charge and commit accused for trial to Court of Session-Trial and conviction of accused by Magistrate himself-Illegal and void.   Date of hearing : 1st November 1965.   JUDGMENT   This is a reference from the Sessions Judge, Dadu, recommending quashment of the conviction and sentence of the opponent Muhammad Ismail, and it arises in this way.   On 6-6-1964 the opponent Muhammad Ismail filed an F. I. R. at the Dadu PoliceStation against one Ali Hyder also shown as an opponent in this, reference and four others in respect of offences under sections 395, 397, 366, P. P. C. and 19-E, Arms Act. In the course of investigation it became apparent .to the Police that this was a false report and that the informant himself was aware that there was no just or lawful ground for such an allegation. The Police, therefore, applied for B Summary which was granted to them on 12-7-64 by the learned S. D. M., Dadu. On 29-7-1964 the S. H. O. Dadu Police Station filed a complaint against opponent Muhammad Ismail under sections 211 and 182, P. P. C. in the Court of the Resident Magistrate, Dadu, who issued process against the said Muhammad Ismail and proceeded with the hearing of the case against him. A charge was framed against the opponent Muhammad Ismail under sections 211 and 182, P. P. C. to which he pleaded guilty and was thereupon convicted and sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 40 or in default to undergo R. I. for 20 days. Against this conviction and sentence Ali Hyder went in revision to the Sessions Court, Dadu, and this revision application has resulted in the present reference.   It was contended by the learned Advocate appearing on behalf of Ali Hyder in theaforesaid criminal revision application before the Sessions Judge,…