On the report of Muhammad Ismail, petitioner, case under section 325, P.P.C. Was registered against Muhammad Sharif, at Police Station Mozang, Lahore, on 1-8-1976. The case was ultimately cancelled, so a complaint under section 182, P.P.C. Was drafted against the petitioner by the S.H.O.
Police Station Mozang, Lahore, and riled in the Court of Magistrate 1st Class, Lahore. The petitioner was charged under section 182, P.P.C. For making false report to the police. He denied the charge.
The prosecution produced two witnesses namely Muhammad Sharif P.W.1, and Gohar Ahmad A.S.I.
P.W.2, who had investigated the case under section 325, P.P.C. On the conclusion of the trial the petitioner was convicted and sentenced to a fine of Rs.1,000 under section 182, P.P.C. The appeal riled by him was dismissed by the learned Sessions Judge, Lahore on 8-10-1983. Hence this revision.
2. Learned counsel for the petitioner submitted that the prosecution has not been able to prove its case under section 182, P.P.C. Against the petitioner. Learned counsel for the State has opposed this revision application.
3. After attending carefully to the arguments addressed by the learned counsel for the parties, I feel persuaded to accept this revision on the grounds that P.W. Muhammad Sharif has stated that:-- ---YEH JHOOTA MUQADMA MULZIM YA USS KAY WALIDNAY DAARJ KARVAYA THA--- and P.W.2 has stated that: --- HALAAT, MOUKA AUR GAWAHAN KAY BAYAN SAY WAKOO KI TASDEEQ HO GAEE THI GIS PAR MULZIM KO GIRAFTAR KAR KAY CHALLAN KIYA GAYA THA--- This will show that there is nothing in evidence to show that Muhammad Ismail, petitioner, and none else had lodged a criminal case against the petitioner knowing the same to be false.
Furthermore, the A.S.I./Investigating Officer nowhere stated that the case was false and was reported by the petitioner' dishonestly intending thereby to cause or knowing it to be likely that he will thereby cause, such public servant to use his lawful power of such public servant to the injury or annoyance of the complainant/accused.
4. Pursuant to the above discussion, I feel that the prosecution has failed to prove its case under section 182, P.P.C., beyond reasonable doubt against the petitioner. So the revision is accepted. His conviction and sentence is set aside. Learned counsel informs that the amount of fine has already been deposited. If it so the same shall be refunded to him.
S.A./M-2737/L Acquitted.