Criminal Code of Conduct (CCPC) Criminal Code of Conduct (V1898), Section 537 Section 174 According to the Quetta Municipal Law, a complaint was lodged by the police instead of the executive officer, pleading guilty to disorderly conduct. Despite the failure, did not make the action unsuccessful \ r \ nIn this case, the accused committed the crime and there was no injustice, Section 777 of the Code of Criminal Procedure states that no authorized jurisdiction No sentence or sentence allowed by the court of the court can be set aside. For any mistake, mistake or irregularity unless such error, error or irregularity is a failure of justice. \ r \ n
P. L. D. 1949 Baluchistan, 16
Before Bacon, J. C.
ALLAH DITTA‑Petitioner
Versus
CROWN‑Complainant‑Respondent
Criminal Reference No. 13 of 1949, decided on 31st May 1949, under section 438 Criminal Procedure Code by the Sessions Judge in Baluchistan, Quetta.
Criminal Procedure Code (V of 1898), S. 537‑‑--Complaint lodged by police instead of by Executive Officer as required by section 174 Quetta Municipal Law‑Accused pleading guilty‑Irregularity, occa sioning no failure of justice, doe's not vitiate proceedings.
In this case, the accused had pleaded guilty to the offence and no injustice had been done to him. Section 537 of the Criminal Procedure Code lays down that no finding or sentence passed by a Court of competent jurisdiction can be set aside on account of any error, omission or irregularity unless such error, omission or irregularity has occasioned a failure of justice.
Order
Bacon, J. C.----The Sessions Judge in Baluchistan has sent up this case for the order of the High Court under Section 438 Criminal Procedure Code recommending that the proceedings of the trial Court be quashed and the, conviction and sentence set aside. The grounds on which the case has been referred are that an irregularity has been committed in that the complaint was lodged by the police instead of the Executive Officer as requires by section 174 Quetta Municipal Law of 1946 and the proceedings are therefore void. This interpretation of the law is correct but at the same time it is necessary to see whether there have been any miscarriage of justice and whether the accused was in anyway prejudiced by any irregularity. In this case; the accused has pleaded guilty to the offence and I cannot see that any injustice has been done to him. Section 537 of the Criminal Procedure Code 1ays down that no finding or sentence passed by a Court of competent jurisdiction can be set aside on account of any error, omission or irregularity unless such error, omission or irregularity has occasioned a failure of injustice. In the circumstances, I am not prepared to accept the reference of the Sessions Judge.
The proceedings, conviction and the sentence of the Trial Court will stand.
A. H. Reference not accepted.
Related judgments — Judicial Commissioner Court Balochistan, 1949
