Law: Constitution of Pakistan, 1962

Section: 58(3)

Special leave to appeal------   --- Proceedings in complaint lodged by Registrar of High Court under Ss. 182, 193, P. P. C., for laying false information with Chief Justice of High Court in respect of a Civil Judge High Court declining to quash proceedings Leave to appeal sought on ground that Registrar was not competent to prosecute petitioner as false information was laid before Chief Justice who alone could lodge such complaint   Established practice Complaint lodged by High Court is signed and presented by Registrar on its behalf “Complaint in writing” held, in circumstances of case, made by High Court and not by Registrar which satisfied requirements of S. 195(1)(a), Criminal Procedure Code (V of 1898) Petition dismissed Constitution of Pakistan (1962), Art. 58(3).   Mian Bashir Ahmad, Advocate Supreme Court instructed by Muhammad Mehdi Anwar, Attorney for Petitioner.   Nemo for the State.   Date of hearing: 13th October 1967. ORDER MUHAMMAD YAQUB ALI, J. This petition calls in question the order of the High Court declining to quash the proceedings in a complaint lodged by the Registrar of that Court against the petitioner under sections 182 and 193, P. P. C., for laying false information with the Chief Justice in respect of a Civil Judge and for filing a false affidavit in support of the information. It was contended that the Registrar was not competent to prosecute the petitioner as the alleged false information was laid with the Chief Justice and under section 195 (1)(a) of the Criminal Procedure Code he alone could lodge the complaint against him. Section 195(1)(a) on which reliance was placed in the High Court provides as follows: “195(1) No Court shall take cognizance (a) of any offence punishable under sections 172 to 188 of the , Pakistan Penal Code, except on the complaint in writing of…

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