02/09/2014
SUMMARY of COURTS OBSERVATIONS, JUDGMENTS OR ORDERS
On depriving any person from his valuable rights, in Civil, Revenue or Criminal Courts, through illegal methods, misrepresentation, forgeries, by manufactured documents, by tampering with the record of Honourable Court, by a person or any person of any authority. Summaries as under:-
1) Under section 194. Cr.P.C. High Court after taking cognizance of the offence under P.P.C. would be competent to try offence as per section 28, Cr.P.C., as per mandate the Court of Session have concurrent Jurisdiction along with subordinate Courts to try the offences under the Pakistan Penal Code, is committed during the judicial proceedings try accused under Chapter XXII-A, Cr.P.C. “Thus, in suchlike situation when documentary evidence was available on record the learned Judge in Chambers of High Court rightly decided to proceed with the mater under section 194, Cr.P.C. by directly taking cognizance of the offence.” (2001 SCMR 1615).
2) Those offences have been selected for the Court’s control, because of their direct impact on the judicial process, in other words, the administration of public Justice, which is the direct victim of those offences, only by misleading the Courts, the Court is considered to be the only party to consider the complainant against the guilty party. The interpretation of clause (c) section 195 (1), that clause applies to only those offences, that have close nexus between the offence and the proceeding, in other words, tempering with the documents or earlier forged documents, on the record of a Court or forged documents used as genuine in certain proceedings. Only the concerned Court has right to file the complain, no criminal Court can take cognizance of those offences mentioned in section 195 Cr.P.C. (2000 SCMR 1904).
3) The false and fabricated evidence which diverts the course of justice or misuse the process of law and Court, shakes the confidence of people in the administration of justice guarded by section 476, Cr.P.C. so provides procedure mentioned in section 195, Cr.P.C., and authorizes the Court to try the case itself. “Produced” means produced for the purpose of being tendered to evidence or for some other purpose. (1994 SCMR 1103) Full Bench.
4) Where the Court becomes aware of the commission of any of the offences mentioned in S 195 (1), cls(b) and (c) it fails in its duty, if it does not itself take action but waits for the aggrieved party to come forward with an application or he fails in his duty if he takes no action at all but merely waits for some aggrieved party to complain. [(1980 PCr.LJ 710 [SC(A.J & K)], (’41) AIR 1941 Sind 217 (218) : 43 Cri L Jour 259 (DB).
5) In case the forged document is used in a Court for any purpose, only the Court, before which the document was produced, and used or wanted to be used, can prosecute, the maker of such document or the person using such document. (PLD 1974 Karachi 403)
6) Section 476 Cr.P.C. provides that the complaint may be made by a Court either on an application or otherwise. Therefore it is immaterial whether the present application is made by a person who was not a party to the suit. There is no reason to refuse to take action, because he brings the fact to the notice of the Court. [1980 PCr.LJ 710 [SC(A.J & K)].
7) Case was considered in second appeal under section 476 Cr.P.C. “ We would, therefore, accept the appeal set aside the Judgment and decree of the learned Civil Judge and decree the suit with costs throughout” (PLD 1991 Lahore 8).
8) Now in this case the offence had been committed by a person, the Court desires to prosecute under section 476 with section 195 prescribed the procedure to be followed on complaint, other wise the civil Courts will become a place for the protection of criminals, if hold the provisions of section 195 of the Cr.P.C. would encourage fraud and forgery and to allow the Civil Courts to be used as a place for the protection of criminals. “Unfortunately civil suits usually take very long to decide and, in practical terms, it may amount to completely defeating the ends of Justice. On this view, therefore, the civil Courts will become a place for the protection of criminals” PLD 1992 Lahore 178 (FB) Writ Petition No1727 of 1989