Law: Criminal Procedure Code (V of 1898)

Section: 195(a),561-A

Law: Penal Code (XLV of 1860)

Section: 182

(a) Criminal Procedure Code (V of 1898)--- ----S. 195(a)---Prosecution for contempt of lawful authority of public servants---’ Public servant concerned’---Connotation---Public servant concerned is the one to whom false information was given with an intent to cause the said public servant to use his lawful power to the injury of another person. (b) Penal Code (XLV of 1860)--- ----S. 182---Criminal Procedure Code (V of 1898), Ss. 195(a) 561-A---.Quashing of complaint---Accused had submitted application before the Inspector-General Police which on enquiry were found to be false---Inspector-General Police alone was, therefore, competent to make a complaint before the Magistrate for action against the accused under S.182, P.P.C., as contemplated under S.195, Cr.P.C.---Complaint had actually been made by the S.P. Discipline though approved by the D.I.-G. Police, but both of them were not competent to lodge the complaint and the S.H.O. in his turn was not competent to register the case under S.182, P.P.C. on the direction of the S.P. Discipline--¬Impugned, complaint/Qalandra under 5.182, P.P.C. was consequently quashed leaving it open for the Competent Authority to make a fresh complaint in accordance with law. Ali Ahmad v. The State 1984 PCr.LJ 772 and Abdul Hanan v. The State 1990 PCr.LJ 777 ref. Rao M.I. Zafar Khan for Petitioner. Imtiaz Ahmad Ch. for the State Counsel. Date of hearing: 26th October, 2001. JUDGMENT This petition has been filed for quashment of the Qalandara/complaint under section 182 of the P.P.C. and the proceedings being taken against the petitioner on the basis thereof. 2. The sole point for consideration is whether the S.P. Discipline was competent to make a complaint for action under section 182 of the P.P.C. against the petitioner. By virtue of the provisions of section 195 of the Cr.P.C. no Court can take cognizance of an offence under section 182 of the P.P.C. except on the complaint in writing of the public servant concerned. or some other public servant to whom he is subordinate. The public servant concerned is the one to whom false information was given with an intent to cause the said public servant to use his lawful power to the…

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