MUHAMMAD ILTAF KHAN vs BASHEER Ss — 2022 SCMR 356 SUPREME-COURT

Case information

Citation: 2022 SCMR 356 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: MUHAMMAD ILTAF KHAN vs BASHEER Ss
Subject matter: Criminal
Provisions referred to: S. 190; S. 500; S. 502; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ILTAF KHAN VS BASHEER Ss. 500 & 502-a---Criminal Procedure Code (V of 1898), Ss. 190(2) & 193---Section 502-a of P.P.C, interpretation of---Defamation---Private complaint---Direct cognizance by Sessions Court without case being sent up by Magistrate---Legality---Section 193 of Cr.P.C. placed a complete and clear bar on taking of cognizance of any offence by the Court of Session in its original jurisdiction unless the case was sent up by a Magistrate under S. 190(2) of Cr.P.C.---Offence of defamation under S. 500 of the P.P.C. was punishable with imprisonment that may possibly extend to a period of 5 years and as such, was triable by a Magistrate---Legislature in its wisdom desired an expeditious trial of the offence with right of appeal going to the High Court and this appeared to be the dominant purpose for insertion of S. 502a in the P.P.C. with no bearings upon the procedure, otherwise provided for the institution of a complaint---Petition for leave to appeal was dismissed and leave was refused.

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