| Citation(s) |
|---|
| 2002 SLG 1447 2002 SLD 1447 2002 SCMR 1461 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 19-P of 1997, decision dated: 17-06-2002
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Mir Adam Khan. Advocate Supreme Court for Petitioner Khawaja Muhammad Khan, Advocate Supreme Court with S. Safdar Hussain, Advocate-on-Record for
Respondent. Ms. Mussarat Hilali. Addl. A.G. for the State
Criminal Petition for Leave to Appeal No. 19-P of 1997, decision dated: 17-06-2002
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Mir Adam Khan. Advocate Supreme Court for Petitioner Khawaja Muhammad Khan, Advocate Supreme Court with S. Safdar Hussain, Advocate-on-Record for
Respondent. Ms. Mussarat Hilali. Addl. A.G. for the State
MIRZA ALI KHAN
VS
SESSIONS JUDGE, PESHAWAR and another
Law:
Section:
Penal Code (XLV of 1860)-- ----Ss. 499 & 500---Criminal Procedure Code (V of 1898), S.179--- Constitution of Pakistan (1973), Art.185(3)---Defamation---Complaint under Ss.499/500, P.P.C. against the petitioner was filed in the Court of Magistrate at ' P' on the ground that he had made baseless complaint before the Chief Minister on which inquiry was ordered which continued for two years and respondent suffered damage to his reputation and defamation to his family---Application levelling allegations against the respondent was stated to have been handed over to the Advisor of the Chief Minister at place 'D'--Petitioner submitted an application during the trial before the Magistrate raising objection therein that the Court of Magistrate at 'P' had no jurisdiction to proceed with the case-- -Magistrate accepted the application of the petitioner with finding that the Court at 'P' had no jurisdiction to proceed with the complaint and as such the complaint was returned to the complainant with direction to file the same before the proper Court at 'D'---Validity--Application against the respondent levelling allegations was though handed over to the Adviser of the Chief Minister at place 'D' but all the necessary, steps thereupon were taken at 'P'---Order of appointment of Inquiry Officer by the authorised officer was also issued from 'P' and the final order exonerating the respondent from the allegations made against him was also passed at 'P'---No exception, therefore, could be taken to the direction to the Magistrate at 'P' to proceed with matter in accordance with law---Judgment of the High Court was entirely in consonance with the settled principles of law and the provisions of the relevant statute---No misreading or non-reading of evidence or misconstruction of law or question of public importance having been found to be involved, petition for leave to appeal against of the High Court was dismissed. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Leave to appeal is sought against the judgment of the Peshawar High Court, Peshawar, dated 21-12-1996, passed in Criminal Miscellaneous Nos.Q/52 and 53 of 1996. 2. Brief facts of the case are that respondent No.2…
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