AUSAF ALI KHAN, J.- The petitioner had allegedly appeared in Police Station Gogeera, District Okara posting as Inspector, CIA. Liaquat Ali, Sub- Inspector, however, became suspect of his credentials and when he tried to ring up the C.IA. Headquarters, the petitioner confessed impersonation.
Consequently a case under section 170/419 PPC was registered.
2. Now the situation is that the report under section 173 Cr.P.C, has been submitted against the petitioner and trial has commenced in the Court of Magistrate. The petitioner was summoned to face the trial but he instead of defending him there, has filed the petition under section 561-A Cr.P.C, for quash ment of criminal proceedings pending in the Court.
3. The learned counsel for the petitioner has urged for quash ment on the ground that the petitioner had not posed himself as Inspector and a false case was registered and further that he had not benefitted from the offence.
4. The argument is devoid of any substance whatsoever. The offence under section 170 PPC is about impersonation as public servant and to make out an offence it is not necessary that the accused must necessarily be a beneficiary of the offence. Mere pretension to hold any particular office as a public servant when the petitioner knew that he did not hold such office, exposed him to action under section 170 PPC. The case was apparently registered under law. The trial Court is also proceeding in accordance with law and is not Corum non judice. The petitioner must face the music and show his innocence through evidence to be led at the trial. He can also move the learned trial Court under section 249-A Cr.P.C, at appropriate time. This Court cannot pre-empt the duties of the trial Court in circumstance of the case. There is no merit in the petition and is hereby dismissed in limine.