| Case ID |
d8107fc7-527f-468e-9d2f-c5528f3d8109 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 251-L of |
| Decision Date |
Jun 22, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider the competency of a complaint under section 182 of the Penal Code, which was made under the order of the District Magistrate. The basis for this complaint was an application containing alleged false information that was submitted to the Divisional Commissioner. The Court's decision focused on the interpretation of section 195(a) of the Criminal Procedure Code, determining whether the complaint was valid given the procedural context. The ruling emphasizes the importance of adhering to statutory provisions when lodging complaints in criminal matters. |
| Summary |
This case revolves around the interpretation of the Criminal Procedure Code and its interplay with the Penal Code and the Constitution of Pakistan. Specifically, it addresses whether a complaint under section 182 of the Penal Code can be considered legitimate when the alleged false information was initially submitted to a different authority, namely the Divisional Commissioner, instead of the District Magistrate. The Supreme Court's ruling clarifies the procedural requirements and the legal framework governing such complaints, providing crucial insights into the application of criminal law in Pakistan. The decision highlights the necessity of following established legal protocols to ensure justice is served, reinforcing the significance of the roles played by various judicial and administrative bodies within the legal system. This case serves as a pivotal reference point for future litigations involving similar legal questions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAAD SAOOD,
JAN,
MUHAMMAD RAFIQ TARAR
|
| Lawyers |
Not available
|
| Petitioners |
AURANGZEB
|
| Respondents |
THE STATE
|
| Citations |
1993 SLD 814,
1993 SCMR 1931
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Constitution of Pakistan (1973)
|
| Sections |
195(a),
182,
185(3)
|