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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: QAISER KHAN And Another VS Respondent: DISTRICT AND SESSIONS JUDGE, SANGHAR And 2 Others
Court Name: Sindh High Court Judge(s): Gulzar Ahmed Title:QAISER KHAN And Another vs DISTRICT AND SESSIONS JUDGE, SANGHAR And
2 Others Case No.: Criminal Revision Application No. S-86 of 2009 Date of Judgment:2011-09-08 Reported As: 2011 YLR 1010 Result: Case remanded. Judgment ORDER GULZAR AHMED, J.---It appears through the impugned order dated 11-6-2009 passed by the learned Sessions Judge, Sanghar that he has found the complainant and P.W. Meer Muhammad to have given false evidence and issued a notice under section 193, P.P.C. 'to the complainant as well as said P.W. Meer Muhammad, to which both of them have submitted reply and contested the notice. After hearing the learned Counsel, the above order was passed, whereby S.H.O. Police Station Sanghar has been directed to register the case against the complainant only and nothing has been said in respect of P.W. Meer Muhammad. Learned Additional Prosecutor-General has pointed out that the complaint has to be made by the Court before whom, the offence under section 193, P.P.C. Is committed to a Court subordinate to such Court and not to the S.H.O. Of the Police Station. I have also examined the provision of section 195, Cr.P.C. And found that a complaint of an offence under section 193, P.P.C. Has to be made in writing by the Court before whom such offence has taken place to the Court subordinate to such Court. This being the legal position, the impugned order to such extent does not appear to be sustainable in law and game is, therefore, set aside and matter is remanded to the learned Sessions Judge, Sanghar for passing order afresh keeping in view the provisions of law as noted above and after hearing the parties. This Criminal Revision Application in above terms stands disposed.