1. ' The petitioner has filed this Constitutional petition wherein relief sought is as under:-- "That under the above material facts, circumstances and documents, the petitioner prays, that this Hon'ble Court be pleased to summon the S.H.O. Orangi Town Extension and direct him to act according to legal and register the case under section 182, Cr.P.C., as, law provided at once, at an early as possible."
2. ' It is contended by the learned counsel that the case was registered against the petitioner under section 11 of Zina (Enforcement of Hudood) Ordinance at Police Station Orangi Town Extension, being F.I.R. No,232 of 2000. The police submitted report under section 169, Cr.P.C., to the effect that the petitioner was falsely involved in the case and the evidence against her was not sufficient.
3. Despite it, the challan was submitted and the case was sent up for trial in the Court of District and Sessions Judge, Karachi, East, which was subsequently transferred to the Court of IIIrd Additional Sessions Judge, Karachi, East for trial. The petitioner moved an application under section 265-K, Cr.P.C., which was allowed and ultimately the petitioner was acquitted.
4. ' It is contended by the learned counsel for the petitioner that the S.H.O., Orangi Extension, Karachi be directed to register the F.I.R. Against the respondent No, 1/Complainant under section 182, P.P.C., as she had filed a false case against the petitioner. Attention of learned counsel has been drawn to section 195, Cr.P.C., which reads as under:--
(1) No Court shall take cognizance:--
(a) of any offence punishable under sections 172 to 188 of the Pakistan Penal Code, except on the complainant in writing of the public servant concerned or of some other public servant to whom he is subordinate:.
(b) of any offence punishable under any of the following sections of the same Code namely, sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except on the complaint in writing a such Court or of some other Court to which such Court is subordinate; or
(c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding i,e, any Court in respect of a document produced or given in evidence in such proceedings, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate.
(2) In clauses (b) and (e) of the subsection (1), the term "Court" includes a Civil, Revenue or Criminal Court, but does not include a Registrar or Sub-Registrar under the [Registration Act, 1908].
(3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decree no appeal ordinarily lies to the principal Court having ordinary original civil jurisdiction within the local limits of whose jurisdiction such Civil Court is situate: ' The plain reading of above section denotes that the F.I.R. In the case under section 182, P.P.C., cannot be recorded directly by the police unless the complaint in writing is filed in Court by the public servant concerned to whom the false information was given or some other public servant to whom he is subordinate. The word complaint is defined in section 4 (1)(h) of Cr.P.C., which reads as under: - "'Complaint".-- means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person whether known or unknown, has committed an offence, but it does not include the report of a police officer."
5. ' The definition of word complaint clearly excludes the report of police officer.
6. ' Mr. Ali Ahmed Jan Bangash, learned counsel for the respondent No,2 contended that the petition is not maintanable by law as the petitioner has got adequate alternate remedy available to him under the law. He can file a direct complaint in the Court or he should move public servant concerned as provided by section 195, Cr.P.C.
7. ' Learned A.A.-G., has conceded to the above stated legal position and has further stated that other adequate remedy is available to the petitioner by way of filing the direct complaint or he can invoke the jurisdiction provided under section 195, Cr.P.C., by moving the concerned public servant.
8. The case was registered against the petitioner under section 11 of the Zina Ordinance at Police Station Orangi Town Extension. During the investigation, the police submitted report under section 169, Cr.P.C. The case was sent up and ultimately ended in the acquittal under section 265-K, Cr.P.C.
9. The prayer of petitioner that the police be directed to register the F.I.R. Is misconceived, as the cognizance under section 182, P.P.C. Can only be taken on the complaint made by concerned servant to whom the false report was given or by some other public servant to whom he is subordinate as provided by section 195, Cr.P.C. Hence, no such directions can be issued to the police by this Court under the Constitutional jurisdiction to register the F.I.R.
10. ' This Constitutional petition is misconceived and stands dismissed in limine, with no order as to cost. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.