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Petition for Special Leave to Appeal No. 70 of 1968, decided on 25th June 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 7th December 1967, in Criminal Revision No. 529 of 1966).
Ss. 420, 460 & 471 and Criminal Procedure Code (V of 1898), S. 195‑Question whether Presiding Officer of Civil Court competent to lodge complaint against a "witness" under Ss. 420, 460 & 471, P. P. C.‑Special Leave to Appeal granted by Supreme, Court.
Perwaiz Akhtar, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Senior Attorney for Petitioner.
Nemo for the State.
Date of hearing : 25th June 1968.
The question of law raised in this petition for special leave to appeal is of general importance, namely, whether the Presiding Officer of a Civil Court can lodge a complaint against a witness under sections 420, 460 and 471, P. P. C.
Section 420, P. P. C. is not included among the offences enunciated in section 195, Cr. P. C., while a complaint under section 471 can be lodged when such offence is alleged to have been committed by a party to any proceedings in any Court. In the instant case the petitioner appeared as a witness in a suit ostensibly filed by one Muhammad Abid. The Civil Judge found that the suit was falsely filed in the name of Muhammad Abid and that the petitioner was instrumental in the filing of the suit.
As there is no decision of this Court on the point we grant leave to appeal. The proceedings in the complaint case shall remain stayed meanwhile.
Leave granted.
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