Syed MUHAMMAD RAZA QAIM RIZVI vs State Ss — 2022 YLRN 7 KARACHI-HIGH-COURT-SINDH

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Syed MUHAMMAD RAZA QAIM RIZVI VS State Ss.561-a, 173, 182 & 195---Penal Code (XLV of 1860), Ss.420, 468 & 471---Order passed by Magistrate on final report, setting aside of---Petitioner challenged the order of Magistrate whereby he while refusing to take cognizance on final report cancelled FIR with direction to Station House Officer (SHO) to take action against the complainant under S.182, P.P.C.---Validity---Held, no doubt, a person who had given a false information to a civil servant might expose himself for taking action under S.182, P.P.C., but initiating such proceedings was solely under the discretion of civil servant concerned in which no one could interfere and even a judicial direction for the same could not be issued because of the bar imposed under S.195, Cr.P.C.---according to S.195, Cr.P.C., in all offences punishable under Ss. 172 to 188, P.P.C., no Court could take cognizance except on a written complaint of the concerned public servant or some other public servant to whom he was subordinate---Giving a direction to S.H.O. for issuance of notice for initiating proceedings under S.182, P.P.C., amounted to take cognizance, which was unwarranted under the said statutory provisions---Impugned order was set aside being improper with direction to Judicial Magistrate to pass an appropriate and speaking order after scanning entire material judiciously.

Syed MUHAMMAD RAZA QAIM RIZVI vs State Ss — 2022 YLRN 7 KARACHI-HIGH-COURT-SINDH

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Judgment text as reported