This Criminal Miscellaneous Application under section 561-A, Cr. P. C. Is directed against the pending proceedings in. The case, "The State v. Gulzar Hussain under section 182, P. P. C." pending in the Court of Civil Judge and Resident Magistrate, Dadu.
2. The facts which form the background of this application, briefly, are that the applicant had filed a report on 18-9-1975 before the S. P. Dadu, against one Abbas Ali and another under section 406/408/420, P. P. C. It was forwarded to the Incharge C. I. A. Police Dadu on the same day, for inquiry and legal action. The applicant was directed to contact the concerned police, for further progress in the matter.
3. On 6-11-1975 on the basis of that report the C. I. A. Police Dadu, registered the F. I. R. Under sections 406 and 420, P. P. C. Against the accused persons. The facts narrated in the report, lodged by the applicant, were in the following words ---I am Dental Surgeon. I have got a shop in New Chowk Dadu. On 15-8-1968, Abbas Ali had entered into an agreement with me, to serve me, as my servant, for a period of 10 years. His mother, Mst. Bashiran, was my maid servant, during the period of 1963 to 1968. For that reason, I had agreed to bear the expenses of Abbas Ali and his mother. In 1970-71, Abbas Ali executed another with me.
Both the accused continued residing with him. The accused had taken ornaments and cash money, on many occasions, and had, subsequently, returned the same. On 9-8-1975 when I was present at about 10 a.m. In my chamber, Abbas Ali and his mother Mst. Bashiran, came to me that their relatives living in Punjab had a marriage in the family and wanted a golden necklace, weighing about 2-- Tolas and a "Kangans" (Thick Bangles) weighing about 3-10 Tolas. At that time P. Ws. Munshi Khan, Ghulam Qadir and Aleemuddin were sitting with me. The required ornaments were given to Abbas Ali, who passed them on to his mother. Both the accused promised to return the ornaments, on return from Punjab. On his return from Punjab, Abbas Ali gave out that his mother had stayed behind and when she will come back, he will return the ornaments. On. 5-4- 1975 Abbas Ali took his pay and from-8-4-1975 left my services and went away. Later on, it transpired that Mst. Bashiran mother of Abbas Ali, had come back from Punjab and Abbas Ali had opened a shop and was doing business in Dadu. I took the aforementioned three witnesses to the house of the accused, who first, promised to return the ornaments, but refused to serve with me.
Subsequently, on 18-9-1975, when I took the same three witnesses again to the accused, they refused to return the ornaments. I had, therefore, lodged the report before the S. P. Dadu.---
4. When, after registering the ease, the police did not challan the case for trial of the accused the applicant filed a direct complaint under sec-- tion 420/406, P.P. C. In the, Court of the Additional District Magistrate, Dadu, who forwarded the same to the District Magistrate Dadu, who forwarded the same to the Resident Magistrate, Dadu, for necessary action, according to law. The learned Resident Magistrate after holding the p. E. Took cognizance of the offence under section 420, P. P. C.
5. The accused persons moved a transfer application in the Court S. D. M., Dadu, who withdrew the case from the Court of the Resident Magistrate, and placed it on the file of his Court, without giving notice, any, hearing the applicant.
The applicant consequently made another application under section 428 Cr. P. C. In the Court of the Session Judge, Dadu, who had transferred the, case from the Court of the S. D. M. To the Court of the learned Civil Judge and F. C. M., Dadu.
6. The accused-persons managed with the C. I. A. Police and got his report categorised in 'B' class, presumably, as it alleged, that accused Mst. Bashiran used to work as maid servant in the house of former Deputy Superintendent of Police, Dadu. As a result of the police report lodged by the applicant, to be disposed of as 'B' class, the local police moved the Court of the learned S. D. M., Dadu, for according sanction to prosecute the applicant under section 182, P. P. C. Which sanction was granted on the complaint of the police, a case under section 182, P. P. C. Was sent up in the Court of the learned Resident Magistrate Dadu, against which this application, for quashment of the proceedings, has been filed.
7. It has been argued by the learned counsel for the petitioner that he had also filed a suit for recovery of Rs. 9,600 in the Court of Civil Judge, Dadu bearing Suit No. 21/1975 against accused Abbas Ali, which resulted in the compromise and the amount of Rs. 5,000 was paid at that time, and the balance of Rs. 2,000 was agreed by accused Abbas Ali, to be paid within one year.
8. I have heard the learned counsel Mr. Faizanul Haq for petitioner and Mr. Saeed Ahmed Ghori for A.-G. For the State. It has been stated at the bar, by both the learned counsel, that between the parties, the matter has been compromised. Such an order passed in Suit No. 21/75, dated 12-11-1976, has also been filed, in this Court. It is further contended by the learned counsel of the applicant that no case under section 182, P. P. C. Is made out against the applicant and the cognizance taken by the learned Magistrate is illegal, and amounts to an abuse of the process of the Court. It is argued that no false information was given by the applicant to the police to warrant proceedings against him under section 182, P. P. C. Section 182, P. P. C. Reads as under: - ---Whoever gives to any public servant any information, which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant---
(a) to do or-omit if the true state of facts, respecting which such infor--mation is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person.
It is submitted that at the initial stages the police, on the report of the applicant, and the Court of the learned Resident Magistrate, had accepted the case of the applicant and taken the cognizance of the allegation made therein, against the accused. When the Civil Suit was filed, the accused themselves had accepted the case of the applicant and bad entered into compromise, which clearly shows that whatever was alleged by the applicant in his report to the police was true.
Mr. Saeed Ghori appearing for the State very fairly concedes this position.
9. In the result this application for quashment of the proceedings pendings in the Court of the Civil Judge and F. C. M. Dadu under sec--tion 182, P. P. C. Is allowed and the proceedings are hereby quashed.