The question before this Court is whether Section 182 Pakistan Penal Code, 1860 is attracted to a matter where criminal prosecution has not even commenced? In other words, whether short of an FIR being recorded, investigated and discarded or short of a complaint being filed, tried and rejected, can the provisions of Section 182 PPC become applicable in a matter? This judgment seeks to address this question of law.
a) Section 182 PPC only stands attracted where an FIR or a private complaint are registered and filed, subject matter of the same is investigated and the allegations contained in the FIR or the private complaint are rejected and discarded as false or untrue and not otherwise.
c) It is only the public servant concerned to whom such information has been provided who has the authority and prerogative to initiate proceedings and not a private person but which condition comes to pass after an FIR has been lodged and discarded by way of cancellation or in trial or when a complaint has been filed and rejected as being false or baseless.
c) A petition under Sections 22-A/B Cr.P.C. is not competent for the purpose of seeking a direction for initiation of proceedings under Section 182 PPC.
W.P. No. 66649 of 2020 Muhammad Rafi Versus Regional Police Officer, etc.
07-09-2022
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