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| Sec 182 process 2026 scmr 77 |
بری ھونے کا یہ مطلب نہیں کہ پرچہ جھوٹا تھا۔
✦ تعارف
◆ مختصر حقائق
● قانونی سوال
■ عدالتِ عظمیٰ کا فیصلہ
▲ اہم نکات
✪ نتیجہ
Must read Judgement.
2026 SCMR 77
[Supreme Court of Pakistan]
Present: Irfan Saadat Khan and Aqeel Ahmed Abbasi, JJ
ALI ADNAN SHEIKHA ---Petitioner
Versus
I.G. POLICE SINDH and others ---Respondents
Cr.P.L.A. No. 147-K of 2025, decided on 5th September, 2025.
(Against order dated 29.05.2025, in Criminal Miscellaneous Application No. 655 of 2024, passed by Single Judge High Court of Sindh, Karachi).
Criminal Procedure Code (V of 1898)---
Ss. 173, 190 & 195-Penal Code (XLV of 1860), S. 182-False information---Proof---Acquittal in criminal case---Petitioner after acquittal in criminal case desired to have proceedings under section 188 P.P.C. initiated against complainant of that case---Plea raised by petitioner was that complainant had given false information to police on the basis of which FIR was registered against him---Validity---Information laid before public servant with bona fide belief and knowledge of it being true cannot be termed as false, unless it is proved in accordance with law through judicial proceedings--Such information can be termed as not proved and not false and the same cannot attract penal provision of Section 182, P.P.C.-Provision of Section 182, P.P.C. can only be initiated by public servant before whom false information was laid, which resulted in initiation of criminal proceedings and was found to be false through judicial process--Such penal provisions cannot be invoked in cases where complainant could not prove the allegations by producing sufficient evidence or material in support of such allegation before judicial forum---There was no finding of Lower Appellate Court to the effect that information laid before police by complainant was false---There was no opinion of investigating officer and finding by any judicial forum holding that information laid before police by complainant was false, thus, provisions of Section 182, P.P.C. were not attracted-Supreme Court declined to interfere in the matter---Petition for leave to appeal was dismissed and leave to appeal was refused.
Kh. Muhammad Waseem v. Syed Jalees Anjum and others Criminal Petition No. 42-K of 2017; Syed Qamber Ali Shah v. Province of Sindh