Law: Pakistan Penal Code, 1860

Section: 211,182

Law: Criminal Procedure Code (V of 1898)

Section: 439,107,476,110,145,000,000,000,000

This Revision was referred by Sir Abdul Rashid, J, to a Division Bench consisting of S. A. Rahman and Ram Lal, JJ. and the Division Bench referred it to the above Full Bench. Penal Code (XLV of 1860), S. 211-"Criminal proceeding ­Moving a Magistrate under S. 107, Criminal Procedure Code (V of 1898) becomes "criminal proceeding" within meaning of S. 211, Indian Penal Code after issue of notice to respondent-Before issue of notice, false or malicious information to Magistrate under S. 107, Criminal Procedure Code covered not by S. 211 but by S. 182, Indian Penal Code. A person who moves a Magistrate to take action against another falling under section 107 of the Code is the person who "institutes" the "proceeding", commencing with the issue of notice to such other person by the Magistrate, should such a notice be issued. Where, how­ever, the Magistrate refuses to make such a demand, there is no "criminal proceeding", and if the complaint be false and malicious, the sanction in law would be provided, not by section 211, Indian Penal Code, but by section 182, Indian Penal Code. The feature of a criminal proceeding, which distinguishes it from a civil proceeding, is that it lies in a Criminal Court under the adjective law, while a civil proceeding lies in a Civil Court. Both preponderance of authority and the argument a Priori lead to the conclusion that the true meaning of the expression "criminal proceeding" is a proceeding which lies under the law of procedure in a Criminal Court and which is in accordance with some requirement of or is preformed under some power conferred by the relevant procedural provisions. The mere making of a complaint (the word being used in a general sense and not in the technical sense of Criminal Procedure Code) whether orally or in writing, against a person under section 107, Criminal Procedure Code and any steps which the Magistrate may take to verify the truth of the allegations before he issues notice to the opponent are not within the expression "criminal proceeding". But the issue of such a notice by the Magistrate, being the first positive act which is provided for by the procedural law, and all the subsequent steps for which…

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