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(a) Penal Code (XLV of 1860)‑

S. 419‑Falsely giving name to Presiding Officer‑Whether offence under S. 419, P. P. C. made out‑"Damage or harm to the mind " Meaning.‑[Words and phrases].

In order that an offence under section 419, P. P. C. may be made out, it is necessary to show that the personation caused or was likely to cause damage or harm to the Presiding Officer of the Court in body, mind, reputation or property.

Damage or harm to the mind does not mean mere mental embarrass ment, but injury to the mental faculty or mental pain, i. e. a situation where a person is mentally harmed in some serious manner by the personation. Presiding Officers of Courts are prone to impersonation before them and unless it can be shown that the same was culpable, as required by law, liability under section 419, P. P. C. cannot be attached.

Queen‑Empress v. Ladka Rate Unrep. C 635 ref.

(b) Criminal Procedure Code (V of 1898)

‑‑ S. 561‑A‑‑‑Penal Code (XLV of 1860), S. 419‑Allegation of cheating by personation‑Charge as framed was contradictory to the case made out in F. I. R. and challan‑One of the essential ingredi ents to make out case of cheating not present‑Further prosecution of accused being, only an exercise in futility, proceedings were ordered to be quashed in circumstances.

Ch. Khan Muhammad Bajwa for Petitioner.

Akhtar Shabbir, A. A.‑G. for the State.

This is a petition under section 561‑A, Cr. P. C. Muhammad Younus, petitioner, for quashment of criminal proceedings under section 419, P.P.C. pending against him in the Court of the Ilaqa Magistrate at Sialkot.

2. The prosecution case in brief is that on 17th May, 1978 Muhammad Younis, petitioner, happened to molest a woman, as a result of which a case was instituted against him at Police Station City, Sialkot. At the time he was taken into custody, the petitioner gave his name as Zaffar Iqbal, which was recorded in the F. I. R. It appears that the case was then transferred to the Summary Military Court, where the petitioner, for some length of time, continued to appear as Zaffar Iqbal, but on the date when the charge was to be framed, he gave his name as Muhammad Yuunis. In view of the dissimilarity in the name of the accused as given in the F. I. R. and that as given by him before the Summary Military Court, the police was ordered to investigate the matter. The Inspector, Police Station, City Sialkot, who investigated the matter, submitted his report that the petitioner's real name was Zaffar Iqbal, by which name he was known in his home town, and that he had falsely given the name Muhammad Younis to the Presiding Officer of Summary Military Court, when the charge was to be framed. Accordingly, a case was registered against the petitioner under section 419, P. P. C.

3. Being aggrieved by the registration of the case, Muhammad Younis has filed the present petition for quashment, which is now before me for disposal.

4. I have heard the; arguments of the learned counsel for the petitioner and the State and have also perused the record. From the identity card, dated 8th January, 1978, the school certificate, dated lst April, 1977 and the birth certificate issued by the Union Council on 29th May, 1978, which have been annexed with the petition as Annexures A', B' and C' respectively, it is clear that the name of the petitioner is Muhammad Younis and not Zaffar Iqbal. What appears is that when the petitioner was arrested and the police officer inquired his name, he gave the false name "Zaffar Iqbal", instead of Muhammad Younis. Personation, therefore, appears both before the police officer, who recorded the F. I. R. and the Presiding Officer of the Summary Military Court, where the petitioner also continued to give his false name for some time. However, the F. I. R. which has been lodged against the petitioner is in respect of cheating by personation before the Presiding Officer of the Summary Military Court. However, in order that an offence under section 419, P. P. C. may be made out, it is necessary to show that the personation caused or was likely to cause damage of harm to the Presiding Officer of the Summary Military Court in body, mind, reputation or property. I have asked the learned Assistant Advocate‑General to inform me, whether, on the basis of the , evidence already recorded in Court and the statements of the witnesses mad under section 161, Cr. P. C. whose evidence is yet to be recorded, there is any material to show that the Presiding Officer of the Summary Military Court suffered or was likely to suffer damage or harm in body, mind, reputation or property. Having read the said evidence and the statements of the witnesses, he admits that there is no such evidence. However, the learned Assistant Advocate‑General submits that the fact that the petitioner gave the false name, caused harm to the mind of the Presiding Officer of the Summary Military Court. Damage or harm to the mind does not mean mere mental embarrassment, but injury to the mental faculty or mental pain, i. e. a situation where a person is mentally harmed in some serious manner by the personation. Presiding Officers of Courts are prone to impersonation before them and unless it can be shown that the same was culpable, as required by law, liability under section 419, P. P. C. cannot attach. The case is also not one where it can be said any damage or harm came to the reputation of the Presiding Officer. In Queen Empress v. Ladka Rate Unrep. C 635,where a Sanitary Inspector asked the name and address of the accused for prosecu ting him for nuisance and the accused gave a false name and address, it was held that the accused had not acted fraudulently in giving a false name and address, nor could it be said that his act was likely to cause damage or harm to the reputation of the Sanitary Inspector as an efficient officer. In the instant case, one of the essential ingredients to make out a case of cheating is not there. The further prosecution of the petitioner would only be an exercise in futility. Even the charge, as framed, is contradictory to the case made out in the F. I. R. and the challan. Taking all circumstance] into consideration, the petitioner is entitled to have the case quashed.

5. For the foregoing reasons, this petition is accepted and the criminal proceedings pending against Muhammad Younis alias Zaffar Iqbal, peti tioner, under section 419, P. P. C. in the Court of the Ilaqa Magistrate, Sialkot, are quashed.

M. B. A. Proceedings quashed.

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