2011 M L D 769

-S.182---Constitution of Pakistan, Art.199---Constitutional petition---Scope---
Giving false information with intent to cause public servant to use his lawful power to an
injury to another person---Petitioner made written complaint against respondents/Nazim
Union Council and Secretary to Nazim, wherein petitioner levelled certain allegations of
corruption against said respondents---Allegations were thoroughly investigated in two
enquiries, but same were found to be false and baseless, and respondents were
exonerated---Recommendations for institution of proceedings under S.182, P.P.C. were
made against the petitioner for giving false information---Petitioner filed constitutional
petition seeking direction for taking action against respondents on the same charge--High
Court, in exercise of its constitutional jurisdiction, could not go into the factual
controversy between the parties, which could only be resolved by the proper forum after
recording evidence of both the parties---Constitutional petition to the extent of challenging
the dropping of enquiry against respondents who had been exonerated; being not
maintainable was dismissed.
(b) Penal Code (XLV of 1860)---
----S. 182--Constitution of Pakistan, Art.199---Constitutional petition---Giving false
information with intent to cause public servant to use his lawful power to the injury of
another person---Petitioner/ complainant against whom initiation of proceedings under
S.182, P.P.C. were recommended to be taken, authorities had not issued any show-cause
notice to the petitioner to appear and explain his position; which was mandatory
requirement of law-Non-fulfilment of said mandatory requirement had deprived the
petitioner of his legal right of opportunity of hearing--No one should be condemned
unheard and opportunity of hearing, was the vested right of a party before passing any
adverse order against that party---Petitioner had a right to explain his position that he had
acted bona fide and complaint filed against respondents was not tainted with ill-will or
malice---Order for initiation of proceedings against the petitioner under S.182, P.P.C., in
circumstances, was not justified and to that extent order was not sustainable in the eyes of
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law---Impugned order was set aside only to the extent it dictated to initiate proceedings
against the petitioner under S.182, P.P. C.