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Search Results: Categories: 502 PPC (1 found)

Qazi MUHAMMAD ALI and another VS MUHAMMAD AYUB FAZLANI

Citation: 1997 PCrLJ 999

Case No: CMA No.325/1995

Judgment Date: 14/03/1997

Jurisdiction: Sindh High Court

Judge: Justice Ali Muhammad Baloch

Summary: (a) Penal Code (XLV of 1860)----Ss. 500, 501 & 502---Criminal Procedure Code (V of 1898), S.561-A-- Quashing of proceedings---News published in the daily newspaper of the accused was a fair criticism against the complainant Officer regarding his having acted against the Rules and Policy in providing jobs to favourites despite an official ban against such recruitment---Complainant, therefore, did not appear to have been defamed in any manner by the said publication, nor he had so stated in his complaint or in his statement recorded under S.200, Cr.P.C.--Offending publication also could not be termed to be aimed at dubbing the complainant to be guilty of racial discrimination or having lost any reputation on account of it-- Sections 500 & 501, P.P.C. having not been attracted in the case proceedings initiated on the complaint amounted to abuse of the process of law and the same were quashed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 200---Examination of complainant---Mode---Statement of the complainant in direct complaint should be recorded by the Magistrate himself in his own hand in order to exclude all possibilities of prompting and such statements should not be allowed to be recorded by the Reader of the Court or by any other Clerk. Tahir Javed and others v. Abdul Razzaq and others PLD 1995 Lah. 261 and Muhammad Ali Kazi and another v. The State and 3 others 1994 PCr.LJ 430 ref.

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