On the 30th of March 1970, Ch. Nazir Ahmad, Assistant Commissioner, Lahore, lodged a complaint in the Court of Illaqa Magistrate, Lahore, under section 182 of the Pakistan Penal Code against Mst.
Nawab Begum, petitioner, alleging that she had, in her application dated the 10th of October 1969 addressed to the Deputy Commissioner, Lahore, knowingly giving false information to the injury, and annoyance of Muzaffar Hussain, the Halqa Patwari.
2. Mr. M. G. Cheema learned counsel appearing on behalf of the petitioner has contended that it was not competent for the learned Assistant commissioner to lodge a complaint under section 182 of the Pakistan Penal Code. Reliance in this behalf is placed on section 195 of the Code of Criminal Procedure which inter alia provides that no Court shall take cognizance of any offence punishable under sections 172 to 188 of the Pakistan Penal Code except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate.
3. From a perusal of section 182, P. P. C. and section 195, Cr. P. C. it is manifest that the complaint could be filed by public servant concerned or by any other person to whom he was subordi nate.
The learned Assistant Commissioner who filed the complaint was in fact subordinate to the Deputy Commissioner and in no way competent to lodge the complaint against the petitioner. The Ulaqa Magistrate consequently could not proceed with the com plaint which was lodged by a person who had no jurisdiction in the matter. The proceedings pending before the learned Illaqa Magistrate are in the circumstances liable to be quashed.
4. At this stage Mr. M. G. Cheema learned counsel for the petitioner has produced an order dated the 27th of August 1970 made by Mr. Muhammad Shafi Zafar, Additional Commis sioner (Revenue), Lahore Division, Lahore the operative part of which is in the following terms :-- "The appeal is accordingly accepted and the withdrawal of the complaint instituted against Afst.
Nawab Begum is ordered.
A copy of this order be forwarded to the Court of Mr. Sajid ! Javed Akbar, Magistrate 1st Class, Lahore with whom the complaint is pending for necessary action."
5. The petition in view of this order has become infructuous. Learned counsel however expressed apprehension that if the order is reversed in further proceedings before the learned Member, Board of Revenue, the petitioner will have to file a fresh petition which would result in multiplicity of litigation. The apprenhension appears to be unfounded because no other view on the facts and circumstances of the case could be taken. I have on the interpretation of section 182, P. P. C. and section 195, Cr. P. C. held that the complaint by the learned Assistant Commissioner under section 182, P. P. C. was not competent. Since, the Commissioner has already withdrawn the complaint from the Court of the learned Magistrate where it was pending the question of quashing the proceedings does not arise and no other order except that the petition has become infructuous, can be passed. The petition stands disposed of accordingly. .