Law:

Section:

Penal Code (XLV of 1860)------Ss. 193, 196, 228 & 471-Claims Commissioner acting under Registration of Claims (Displaced Persons) Act, 1956, a "Court" within meaning of sections­ Criminal Procedure Code (V of 1898), S. 476. JUDGMENT HAMOODUR RAHMAN, C. J.-This petition for special leave to appeal which arises from an order of a learned Single Judge of the High Court, refusing to interfere under section 561-A' of the Criminal Procedure Code with an order passed on the 21st November 1966, by the District Judge, Sialkot, with the powers of the Claims Commissioner. By the said order a complaint had been directed to be lodged against the petitioner under section 471 of the Pakistan Penal Code for fabricating a judgment in his favour, purported to have been passed by a Claims Commissioner, on the 22nd June 1960. Subsequent enquiry had revealed that the petitioner was not even a displaced person. Hence the proceedings against him. The petitioner sought to challenge the validity of the complaint, firstly on the ground that the Claims Commissioner was not competent to review the order passed by his predecessor on the 20th March 1965, since the power of review had been taken am ay by Ordinance No. 22 of 1964; and secondly on the ground that the Claims Commissioner could not pass an order under section 476 of the Criminal Procedure Code as it was not a Court. All these contentions were repelled by the High Court and it was held that by subsection (3) of section 8 of the Registration of Claims (Displaced Persons) Act, 1956 (Act III of 1956) the Claims Commissioner was a Court within the meaning of sections 193, 196 and 228 of the Pakistan Penal Code. In any event the Claims Commissioner would be entitled under section 195, Cr. P. C. to lodge the complaint. Section 16 of the above-mentioned Act also expressly authorised a Claims Commissioner to file a complaint of an offence punishable under the Act. The Claims Commissioner was, therefore, competent to lodge the complaint. In this view of the matter, the learned counsel appearing in support of the petition sought to contend before…

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