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Criminal Revision No. 788/Q of 1980, decided on 8th October, 1986.

---S. 561-A--Penal Code (XLV of 1860), Ss. 415 & 419--Quashing of proceedings--Words "damage or harm to mind", in S. 415, P.P.C. would not mean mere mental embarrassment, but injury to the mental faculty or mental pain--No evidence available on record to show that Presiding Officer of Summary Military Court, before whom petitioner gave his false name, suffered or was likely to suffer any "damage or harm in body, mind, reputation or property"--Essential ingredients to make out a case of cheating not made out--Proceedings quashed

Queen Empress v. Ladka Rat Unrep. C 635 ref.

Ch. Khan Muhammad Bajwa for Petitioner.

Akhtar Shabbir, Asstt. A.-G. for the State.

Date of hearing: 8th October, 1986.

This is a petition under section 561-A. Cr.P.C. by Muhammad Younis, 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 17-5-1978 Muhammad Younis, petitioner, happened to molest a woman, as a result of which a case was instituted against him at Ploice 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 Younis. 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 has falsely given the name Muhammad Younis to the Presiding Officer of the 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 lard, dated 8-1-1978, the School certificate, dated 1-4-1977 and the birth certificate issued by the Union Council on 29-5-1978, which have been' annexed with the petition as Annexures 'A', 'B' and 'C' respectively, it is clear that 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 sometime. 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 or 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 made 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 mantal 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 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 (Rat Unrep. C 635) where a Sanitary Inspector asked the name and address of the accused for prosecuting 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 circumstances 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, petitioner, under section 419, P.P.C. in the Court of the Ilaqa Magistrate, Sialkot, are quashed.

S.G.D./731/L Proceedings quashed.

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