For filing false complaint--The offence under Section 182 of the Pakistan Penal Code has been mentioned in Section 195(1)(a) of Criminal Procedure and in case of commission of an offence under this section a complaint had to be filed by the public servant concerned---

Law Blogger October 14, 2021

2021 LHC 5254

The appellant was convicted under Section 182 P.P.C. by the learned Sessions Judge, Hafizabad for filing false complaint------------The offence under Section 182 of the Pakistan Penal Code has been mentioned in Section 195(1)(a) of Criminal Procedure and in case of commission of an offence under this section a complaint had to be filed by the public servant concerned------------In the instant case no complaint under Section 182 of the Penal Code for the trial of the accused for that offence was made by the public servant--------------Besides, Section 476, Criminal procedure Code 1898 applied only to offences mentioned in Section 195 (1) (b) and (c) and not to those mentioned in Section 195 (1)(a)---------------If the offence in question does not fall within the purview of Section 195 (1) (b) and (c) of the Code of Criminal Procedure 1898, a court has no jurisdiction to make a complaint under Section 476, Criminal procedure Code 1898-------------Section 195 (1) (a) of the Code of Criminal Procedure provides that no court shall take cognizance of any offence punishable under Sections 172 to 188 of the Pakistan Penal Code except on the complaint in writing of the public officer concerned or of some other public servant to whom he is subordinate--------------It was not the position in the present case that a complaint had been made in respect of an offence for making false statement------------In the present case, the District and Sessions Judge could have made a complaint in respect of an offence under Section 182 PPC before the jurisdictional Magistrate in accordance with law and the jurisdictional Court was not debarred from taking cognizance of that offence---------------Resultantly, appeal is allowed.