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Criminal Revision No. 331 of 1986, decided on 6th October, 1986.

---S. 193--Perjury--Evidence, appreciation of--Whether petitioner deliberately made false statement before Sessions Judge could not be answered with certainty --Sessions Judge himself accepting petitioner's statement and ordering transfer of his ejectment petition--Sessions Judge, held, had no justification to order petitioner's prosecution under S.193, P.P.C., in circumstances.

Majid Ali with Kh. Muhammad Farooq for Petitioner.

Abdul Latif for the State.

Date of hearing: 6th October, 1986.

Muhammad Ramzan petitioner was a petitioner in an ejectment petition pending in the Court of Mr. Waheed Aslam Civil Judge/Rent Controller, Pasrur against Syed Ijaz Hussain Sherazi. The said Syed Ijaz Hussain Sherazi was father of Mr. Tatheer Hussain Sherazi, Additional District and Sessions Judge, Mianwali. Muhammad Ramzan apprehended that he would not get a fair trial of his case from Mr. Waheed Aslam, Rent Controller. He, therefore, filed an application for transfer of his case to some other Court of competent jurisdiction. He supported his transfer application with an affidavit. However, on 16-3-1986 the learned District Judge, Sialkot recorded the statement of Muhammad Ramzan in the said transfer application. It was stated by Muhammad Ramzan that he had himself seen Syed Tatheer Hussain Sherazi son of the respondent on 15th or 16th February, 1986 or a day prior to that visiting the house of Mr. Waheed Aslam, Civil Judge who told him to withdraw the ejectment petition. After recording this statement the learned District Judge, Sialkot ordered transfer of the ejectment petition to the Court of Senior Civil Judge/Rent Controller Sialkot but at the same time directed prosecution of Muhammad Ramzan under section 193, P.P.C. for making a false statement in Court. Muhammad Ramzan has come up in revision against the said order, dated 26-5-1986.

2. I have heard the learned counsel appearing on behalf of the parties. It is stated by the learned counsel for the State that he has checked up from the High Court office that Mr. Tatheer Hussain Sherazi, Additional District and Sessions Judge was posted at Mianwali in those days and had gone to Islamabad to attend a course in the month of February, 1986. This admission by the learned State counsel makes things very clear. It was stated by Ramzan in his statement dated 16-3-1986 that he had seen Syed Tatheer Hussain Sherazi on 15th/16th February, 1986 or a day prior to that. He did not specify any exact date in his said statement. 15th February was Saturday, 16th February was Sunday and 14th February, 1986 was Friday. It is, therefore, possible that he might have seen Tatheer Hussain Sherazi on 14th February, 1986 as claimed by him in the said statement. In view of this it cannot be said with certainty that Muhammad Ramzan petitioner deliberately made false statement before the learned District Judge. Secondly the learned District Judge himself, accepting his statement, ordered transfer of the ejectment petition from the Court of Mr. Waheed Aslam. In view of this situation there was no justification to order prosecution of Muhammad Ramzan under section 191, P.P.C. The order, dated 26-5-1386 to that extent is set aside. This revision is accepted.

S.G.D./730/L Revision accepted.

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