Mst. NAWAB BEGUM vs The STATE — 1972 PCRLJ 79

Citation: 1972 PCRLJ 79

Court: Lahore High Court

Year: 1970

Decision Date: 1970-10-26

Parties: Mst. NAWAB BEGUM vs The STATE

Headnotes

Case cited as 1972 PCRLJ 79

Judgment Text

Court Name: Lahore High Court Judge(s): Sardar Muhammad Iqbal Title: Mst. NAWAB BEGUM vs The STATE Case No.: Criminal Miscellaneous No. 3671 of 1970 Date of Judgment:1970-10-26 Reported As: 1972 P Cr. L J 79 Result: Petition accepted JUDGMENT JUDGMENT On the 30th of March 1970, Ch. Nazir Ahmad, Assistant Commissioner, Lahore, lodged a complaint in the Court of Illaqa Magistrate, Lahore, under section 182 of the Pakistan Penal Code against Mst. Nawab Begum, petitioner, alleging that she had, in her application dated the 10th of October 1969 addressed to the Deputy Commissioner, Lahore, knowingly giving false information to the injury, and annoyance of Muzaffar Hussain, the Halqa Patwari. 2. Mr. M. G. Cheema learned counsel appearing on behalf of the petitioner has contended that it was not competent for the learned Assistant commissioner to lodge a complaint under section 182 of the Pakistan Penal Code. Reliance in this behalf is placed on section 195 of the Code of Criminal Procedure which inter alia provides that no Court shall take cognizance of any offence punishable under sections 172 to 188 of the Pakistan Penal Code except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate. 3. From a perusal of section 182, P. P. C. and section 195, Cr. P. C. it is manifest that the complaint could be filed by public servant concerned or by any other person to whom he was subordi nate. The learned Assistant…

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