Law: Pakistan Penal Code (PPC),1860

Section: 499

Law: Code of Criminal Procedure, 1898

Section: 561-A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 499--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Quashment of proceedings--Petitioner serves as Chief Executive Officer of Company and also as Chairperson of Majeed Nizami Trust, whereas Respondent No. 2 had remained in employment of Company for approximately twenty-five years and, by virtue thereof, had access to documents pertaining to Trust--Upon detection of alleged fraud, Company conducted an internal audit--A public notice was published in daily “The Nation” and “Nawa-e-Waqat” dated 05.04.2019, clarifying that Companies of petitioner disowned responsibility for acts of Respondent No. 2, who was alleged to have committed fraud against Nida-i-Millat (Pvt.) Ltd., The Nation Publications (Pvt.) Ltd., and Nida Investments & Printing Corporation (Pvt.) Ltd--On succeeding day, i.e., 06.04.2019, FIR was lodged by Director and lawful attorney of Company-- In totality of these circumstances, impugned publication cannot, by any stretch of legal reasoning, be construed as defamatory, rather it was precautionary in character and issued as a public caution to avert potential vicarious liability, expressly notifying public that Company would not be responsible for unauthorized acts undertaken by its employee beyond scope of employment--Such publication constitutes a preventive and evidentiary measure demonstrating that reasonable steps were taken to forestall misconduct--Order passed by learned Additional Sessions Judge, summoning petitioner for an offence under Section 500, PPC, is bereft of lawful foundation and cannot be sustained--Continuance of these proceedings before trial Court would be abuse of process of Court. [P. 341] A & B 2002 MLD 726; PLD 2001 Karachi 115; 2000 PCr.LJ 1847 & PLD 1976 Karachi 706. Mr. Muhammad Ahsan Bhoon, Advocate for Petitioner. Rana Muhammad Asif Iqbal, Assistant District Public Prosecutor for State. M/s. S.M. Zeeshan Mirza, Barrister Sarim Hayder and Abdul Muqatadir, Advocates for Respondents. Date of hearing: 12.2.2026. Judgment The instant petition, instituted by the petitioner, Mrs.Rameeza Majeed Nizami under Section 561-A, Cr.P.C seeks the…