Law:

Section:

Criminal Procedure Code (V of 1898)--S.197---Penal Code (XLV of 1860), S.109/302/307/436/148/149---An offence may consist either of commission or of omission and if an offence is said to have been committed either by commission or by omission of an act while a public servant is acting or purporting to act in the discharge of his official duty, S.197, Cr. P.C. would equally apply in either case. (b) Criminal Procedure Code (V of 1898)-- ----S.197---Penal Code (XLV of 1860), S.109/302/307/436/148/149---Accused were present on the scene of occurrence in performance of their official duties as Magistrates---Omission by them to take action was clearly relatable to the discharge of their official duties as public servants as failure to perform an official duty could not be said to be disconnected with the question of performance of duty---Cognizance in the absence of sanction by appropriate Government under S.197, Cr.P.C. could not, therefore, be taken by Sessions Court of the offences alleged in the complaint against accused and they could not be directed by High Court to face trial for the said offences---Such order of High Court was consequently set aside and trial Court was directed to proceed against accused in complaint in accordance with law. Gill and another v. The King 75 IA 41 and Syed Ahmad v. State PLD 1958 SC 27 ref. JUDGMENT ABDUL HAFEEZ MEMON, J.---This appeal by leave of this Court arises out of the judgment, dated 14-3-1978 of the Lahore High Court in Criminal Revision No.738 of 1977, whereby the High Court ordered certain private persons to face trial under section 302/307/436/148/149 and the present two appellants, public servants, under section 109/302/307/436/148, 149, P.P.C. 1t may be pointed out at the outset that this appeal deals with the case of the two appellants public servants only. The relevant facts are that on 22-4-1977 two processions were taken out in the city of Rawalpindi, one by the PNA (Pakistan National Alliance) and the 'other by PPP (Pakistan Peoples Party) with the permission of A.D.C.(G) Rawalpindi, which were assigned different routes and various Magistrates were deputed to accompany the processions. It was alleged that the…

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