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Criminal Misc. Application No. 1010 of 1976, decided on 28th March, 1978.

--‑‑ Ss. 195 & 561‑A‑Penal Code (XLV of 1860), Ss. 468, 471, 464, 420 & 419‑Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 29‑Quashing of proceedings‑Appellant committing offence in respect of evacuee agricultural land for which special reference under S. 29 provided in Displaced Persons (Land Settlement) Act, 1958‑Cognizance of such offences by a Court on charge‑sheet submitted by police, barred‑Proceedings on such charge‑sheet held in violation of express provision of law‑Pro ceedings quashed.

Muhammad Asli Shaikh for Petitioner.

Agha Ghulam All for the State.

Date of hearing : 28th March, 1978.

This Petition under S. 561‑A, Cr. P. C. is directed against the proceed ings of a criminal case for offence under sections 468, 471, 464, 420 and 419, P. P. C. pending in the Court of Civil Judge & F. C. M., Shahdadpur in respect of agricultural land. The alleged facts in brief are that the claim in the name of Boota son of Allah Din before the Addl. Settlement Commissioner (Land), Sanghar dated 17th July, 1971 was verified and found to be bogus. The case was, therefore, referred to Anti‑Corruption Department. One Noor Muhammad resident of Shahdadpur had pre pared a bogus power of attorney and Clearance Certificate under the forged signatures of Rehabilitation Mukhtiarkar and had executed a sale deed in respect of land bearing Survey Nos. 768, 769 and 770, Deh Brendi, Taluka Shahdadpur. The police submitted a charge‑sheet against the said Noor Muhammad, the present petitioner, in the Court of Civil Judge & F. C. M., Shadadpur for the above offences.

2. It has first been argued by Mr. Muhammad Ali Shaikh on behalf of the petitioner that the cognizance could not be taken on the charge sheet as this is in violation of section 195 (1) (c), Cr. P. C. Under that section no Court shall take cognizance of any offence described under sections 463, 471 etc. when such offence is committed by a party to any pro ceedings in any Court. Mr. Muhammad Ali Shaikh has argued that the mutation proceedings or the proceedings for Clearance Certificate before tie Rehabilitation Authorities come under the term "proceedings in court" and as such the cognizance on a police report is bad; that the complaint as defined under section 4 (1) (h), Cr. P. C. excludes a police report.

3. It has also been pointed out that this offence is said to have been committed in respect of evacuee agricultural land. Under the Displaced Persons (Land Settlement) Act, 1958. a special offence was provided.. Under section 27, any person, who in application for allotment of land furni shes false information or fraudulently conceals or misrepresents facts shall be punished with imprisonment for a term which may extend to three years. Under section 29 no court shall take cognizance of any offence punishable under the Act save upon a complaint in writing made by an officer appointed under the Act. The Displaced Persons (Land Settlement) Act, 1958 has since been repealed by the Repealing Act of 1975 but that would not affect any liabilities incurred at the time the Act was in force under section 6 of the General Clauses Act. There is nothing in the Repealing Act to suggest any retrospective effect. Thus if a person could not be prosecuted under a police challan when the offence was committed this could not be done even after the repeal of the said Act.

4. The facts constituting under section 420, P. P. C. would be the same facts constituting offence under section 27 of the Displaced Persons (Land Settlement) Act. A gist of the offence is fraudulent concealment or misrepresentation or furnishing of false information. Thus the cognizance g of those offences by a Court on a charge‑sheet submitted by the police would appear to be barred under section 195, Cr. P. C. as well as under section 29 of the Repealed Displaced Persons (Land Settlement) Act,

1958.

5. In the result the proceedings started on the basis of this charge sheet being in violation of the express provisions of law are hereby quashed.

Petition accepted.

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