Citation Name: 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case BABU KHAN vs State S

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Citation Name: 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case BABU KHAN VS State S. 182---Criminal Procedure Code (V of 1898), S. 195---False information with intent to cause public servant to use his lawful power to the injury of another person---Prosecution for contempt of lawful authority of public servant---Scope---From a close look at the provision prescribed under S. 195(1), Cr.P.C. it would be evident that there is legal bar to any Court taking cognizance of offences punishable under S. 182, P.P.C. except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate---Provisions prescribed under S. 195, Cr.P.C., would show that there was an absolute bar against the Court taking cognizance of the offence mentioned therein except in the manner provided there under---Cognizance of offence under S. 182, P.P.C., can only be taken in written complaint in the manner provided under the provision. Citation Name: 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case BABU KHAN VS State S. 182---False information with intent to cause public servant to use his lawful power to the injury of another person---Scope---Essential ingredients of S. 182, P.P.C., are (a) giving of an information to a public servant; (b) the information must have been known or believed to be false by the giver; and (c) the information must have been given with the intention to cause, or knowing it be likely that it will cause, such public servant; (i) to do or omit anything which he ought not to do or omit to do if the true facts were known to him; or (ii) to use his lawful power to the injury or annoyance of any person. Citation Name: 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case BABU KHAN VS State S. 182---Criminal Procedure Code (V of 1898), Ss. 195 & 476---False information with intent to cause public servant to use his lawful power to the injury of another person---Prosecution for contempt of lawful authority of public servant---Procedure in case mentioned in S. 195---Scope---Appellant was convicted under S. 182, P.P.C., for filing a false complaint before the High Court---Offence under S. 182, P.P.C. had been mentioned in S. 195(1)(a), Cr.P.C. and in case of commission of an offence under said section a complaint had to be filed by the public servant concerned---No complaint under S. 182, P.P.C., for the trial of the accused for that offence was made by the public servant---District and Sessions Judge had not taken cognizance of the offence in a separate complaint case on receiving an inquiry report and the cognizance had been taken by himself under S. 476, Cr.P.C. instead of making it to the Magistrate---Manner in which the cognizance of the offence had been taken could not be approved---Emphasis, in the impugned order, was laid on the statement of the appellant and it was specifically mentioned that the appellant had conceded to have filed the complaint on the instance of his nephew, whereas as per certified copy of statement of the appellant available on record no such statement was made by the appellant---Appeal was allowed and the impugned order was set aside, in circumstances. Citation Name: 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case BABU KHAN VS State Ss. 476 & 195---Procedure in cases mentioned in S. 195---Scope---Section 195(1)(a), Cr.P.C., provides that no court shall take cognizance of any offence punishable under Ss. 172 to 188, P.P.C., except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate---Section 476, Cr.P.C., prescribes the procedure to be followed where a Court is moved to lay a complaint, and that applies only to offences mentioned in S. 195(1)(b) & (c), Cr.P.C. and not to those mentioned in S. 195(1)(a), Cr.P.C. Citation Name: 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case BABU KHAN VS State S. 195---Prosecution for contempt of lawful authority of public servant---Prosecution for certain offences against public justice---Prosecution for certain offences relating to documents given in evidence---Scope---Section 195, Cr.P.C., is an exception to the general rule that any person, having knowledge of commission of an offence, makes such a law in motion by a complaint, even though he is not presently interested or affected by the offence; it mandates that no Court has jurisdiction to take cognizance of the offences mentioned therein unless there is a complaint in writing required under that section. Citation Name: 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case BABU KHAN VS State Ss. 476 & 195---Procedure in cases mentioned in S. 195---Scope---Section 476, Cr.P.C., applies only to offences mentioned in S. 195(1)(b) & (c), Cr.P.C. and not to those mentioned in S. 195(1)(a), Cr.P.C.---In other words, if the offence in question does not fall within the purview of S. 195(1)(b) & (c), Cr.P.C., a court has no jurisdiction to make a complaint under S. 476, Cr.P.C.

Citation Name: 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHOREBookmark this Case BABU KHAN vs State S — 2023 PCrLJ 56 LAHORE-HIGH-COURT-LAHORE

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