AHMED vs REHMAT ALI Ss — 2024 PLD 305 KARACHI-HIGH-COURT-SINDH

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

AHMED VS REHMAT ALI Ss. 195 & 476---Penal Code (XLV of 1860), S. 193---Furnishing false information in judicial proceedings---Discretion of Court to initiate proceedings under S. 195, Cr.P.C.---Petitioners filed a suit for declaration and permanent injunction which was decreed by the Trial Court---First Appellate Court dismissed the suit and directed to initiate criminal proceedings against the petitioners under S. 195, Cr.P.C.---Validity---Section 193, P.P.C., pertained to the offence of perjury, which involved making false statements or presenting false evidence in a judicial proceeding---If a party was found to have committed perjury during a civil proceeding, the Court could initiate criminal proceedings against that party under S. 193, P.P.C.---Such section ensured the integrity of the judicial process and deterred parties from making false statements or presenting false evidence in Court---However, it is important to note that prosecution for perjury should only be launched when it is expedient in the interest of justice, and not to satisfy private vengeance---Under S. 476, Cr.P.C., prosecution is not to be launched as a matter of course for each and every offence alleged to have been committed in the course of judicial proceedings---Necessary requirement for such an action was that it must be taken in public interest and should not be allowed to be used as a handle in the hand of one party to wreak private vengeance or satisfy a private grudge against the other party---Therefore, the appellate Court had rightly exercised its discretion by initiating criminal proceedings against the applicants in view of the peculiar facts and circumstances of the case---Impugned judgment and decree were maintained---Revision application was disposed of accordingly.

AHMED vs REHMAT ALI Ss — 2024 PLD 305 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PLD