Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Petition for Special Leave to Appeal No. 122 of 1968, decided on 9th October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 14th March 1968, in Criminal Appeal No. 1 of 1968).
476‑Application under section to prosecute a person for making false averment in affidavit‑Question whether person could on merits of case be successfully prosecuted, doubtful‑Proceeding under S. 476, in circumstance, held, could not be "expedient in the interests of justice".
S. M. Rashid, Advocate Supreme Court instructed by Abdul Karim, Attorney for Petitioner.
Nemo for Respondent.
Date of hearing : 9th October 1968.
‑On the face of the record the application moved by the petitioner under section 476, Cr. P. C. to prosecute the respondent for a false averment in an affidavit filed by him in the Court of the District Judge in support of the application for a stay order was motivated to harass the respon dent and not to advance the cause of justice. In the circumstances the Courts below have rightly refused to initiate proceedings under section 476, Cr. P. C., against the respondent. The alleged false averment in the affidavit that the petitioner had taken out warrants for his dispossession while in fact only a notice had been issued in the execution application was also of no material consequence inasmuch as the threat of dispossession was imminent. Thus, on merits too it was doubtful if the respondent could be successfully prosecuted under section 476, Cr. P. C.
The petition for special leave to appeal is plainly without merit and we dismiss it.
Leave refused.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer