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Search Results: Categories: 487 CrPC (1 found)

Muhammad Asif Atta Vs The State etc

Citation: 2025 LHC 33

Case No: 15-01-2025

Judgment Date: 15-01-2025

Jurisdiction: Lahore High Court

Judge: Justice Muhammad Amjad Rafiq

Summary: (a) Criminal Procedure Code (V of 1898) ---Sections 195, 476, 480, 485, 487; Penal Code (XLV of 1860), S. 174--- Procedure for trial of offenses under Sections 172 to 188, PPC---Scope and limitations---The appellant, a Station House Officer (SHO), was convicted under Section 174, PPC, by the Additional Sessions Judge for failing to produce an accused in compliance with a court order. Held, offenses under Sections 172 to 188, PPC, fall within the purview of Section 195, Cr.P.C., which prescribes that such offenses cannot be tried without a written complaint from the public servant concerned or a competent court. The Additional Sessions Judge was not legally authorized to directly convict and sentence the appellant. Instead, the complaint should have been forwarded to a Magistrate with jurisdiction for trial under the prescribed procedure. (b) Judicial authority and contempt of court ---Scope of powers under Sections 480 and 485, Cr.P.C.---Offenses such as refusal to produce a document or answer questions (Sections 175 and 179, PPC) can attract the summary procedure under Sections 480 and 485, Cr.P.C., allowing the court to impose up to seven days’ imprisonment. However, Section 174, PPC, does not fall within this framework, and its trial requires adherence to the procedure under Chapter XX of Cr.P.C. (c) Restriction on judicial powers ---Section 487, Cr.P.C.---Judges and Magistrates (except High Court Judges) are barred from directly trying offenses under Section 195, Cr.P.C., committed before themselves or in contempt of their authority. In such cases, the Judge or Magistrate must refer the matter to a competent Magistrate for trial. ----- Disposition: Conviction and sentence under Section 174, PPC, set aside as unlawful. The Additional Sessions Judge may initiate fresh proceedings in accordance with the prescribed legal procedure.

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