237/2018 Cr.Acq.A. GHULAM MUJTABA S/O LATE ABDUL AZIZ (Appellant) V/S SYED HASSAN & ANOTHER (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 30-MAY-19
(a) Penal Code (XLV of 1860)--- ----S. 182---False information with intent to cause public servant to use his lawful power to the injury of another person---Appeal against acquittal---"Aggrieved person"---Scope---Station House Officer (SHO) requested the trial court for prosecution of respondent under S. 182, P.P.C. on the ground that he had furnished false information for lodgment of first information report (FIR) under Ss. 506 and 34, P.P.C. read with S. 25 of Telegraph Act, 1885---Trial court acquitted the respondent of the charge---Validity---Appellant, nominated accused in earlier FIR, could not be aggrieved by the decision of the Magistrate on the complaint under S. 182, P.P.C. filed by public servant---Section 182, P.P.C. did not refer to any private person and it related "to cause public servant to use his power" and in case such information was found false then such public servant could initiate proceedings---Appellant was not a public servant nor the alleged false information was given to him---Right of appeal on the orders passed by Magistrate did not lie with the nominated accused for the reason that an appeal was continuity of original proceedings and admittedly the proceedings were not initiated by the appellant---Appeal against acquittal was dismissed. Khuwaja Muhammad Waseem v. Syed Jalees Anjum and others 2018 PCr.LJ 1230 rel. (b) Penal Code (XLV of 1860)--- ---S. 182---False information with intent to cause public servant to use his lawful power to the injury of another person---Scope--- Proceedings under S. 182, P.P.C. are not a remedy of any humiliation or insult suffered by the accused nominated in the false information given by the complainant to the Incharge Police Station.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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