The page cannot be found http://www.plsbeta.com/LawOnline/law/topbar.

asp

The page cannot be found

The page you are looking for might have been removed, had its name changed, or is
temporarily unavailable.

Please try the following:

Make sure that the Web site address displayed in the address bar of your
browser is spelled and formatted correctly.
If you reached this page by clicking a link, contact the Web site administrator to
alert them that the link is incorrectly formatted.
Click the Back button to try another link.

HTTP Error 404 - File or directory not found.

Internet Information Services (IIS)

Technical Information (for support personnel)

Go to Microsoft Product Support Services and perform a title search for the
words HTTP and 404.
Open IIS Help, which is accessible in IIS Manager (inetmgr), and search for
topics titled Web Site Setup, Common Administrative Tasks, and About
Custom Error Messages.

1 of 1 3/27/2018, 3:04 PM
Case Judgement http://www.plsbeta.com/LawOnline/law/content21.asp?Casedes=2012L2508

2012 M L D 114
[Lahore]
Before Abdus Sattar Asghar, J
M. SHARIF---Petitioner
Versus
S.H.O. and others---Respondents

Writ Petition No.3487 of 2011/BWP, decided on 13th September, 2011.

Criminal Procedure Code (V of 1898)---

----Ss.195 & 561-A---Penal Code (XLV of 1860), S. 188---Constitution of Pakistan,

Art.199---Constitutional petition---Disobedience to order duly promulgated by public servant---Quashing
of F.I.R.---Even, if the offence under S.188, P.P.C. had been declared cognizable, the fact would remain
that S.195(1)(a), Cr.P.C., had not provided that no court was competent to take cognizance of the offence
under Ss.172 to 188, P.P.C., unless a complaint in writing was made by the public servant concerned or
by some other public servant to whom he was subordinate---F.I.R. was lodged on the statement of private
person---Registration of impugned F.I.R., in circumstances was violative to provision of S.195(1)(a),
Cr.P.C. and was void ab initio---Mere forwarding of challan to the Trial Court was no hurdle in quashing
of F.I.R. lodged violative to provisions of S.195(1)(a), Cr.P.C.
Rao Nasir Mahmood Khan for Petitioner.
Mehr Muhammad Iqbal, A.A.-G. and Shaukat Ali A.S.-I.

ORDER

ABDUS SATTAR ASGHAR, J.---Muhammad Sharif petitioner/ accused in case F. I. R. No.

301 of 2011, dated 8-6-2011, under section 188, P.P.C., Police Station Minchinabad, District
Bahawalnagar has sought for quashing of the above noted F.I.R. on the ground that complainant
being a private person was not competent to lodge the impugned F.I.R. under section 188,
P.P.C. as barred by section 195(1)(a) of Cr.P.C. Hence, this petition under Article 199 of the
Constitution of Islamic Republic of Pakistan read with section 561-A, Cr.P.C.
2. Learned A.A.-G. has resisted this petition on the grounds that the offence under section 188,
P.P.C. has been declared cognizable; that challan under section 173, Cr.P.C. has been sent up and that the
petitioner can seek efficacious remedy before the trial court if so desired.
3. I have given patient hearing to learned counsel for the petitioner, learned AAG for the State and
perused the record.
4. Precisely allegation against the petitioner/accused in the F.I.R. is that he being tenant of the land
owned by the complainant removed the harvested wheat crop without disbursing share of the
complainant/ owner of the land.
5. Even if the offence under section 188, P.P.C. has been declared cognizable the fact
remains that no amendment is made in the corresponding provision of section 195(1)(a), Cr.P.C. till
date. Section 195(1)(a), Cr.P.C. provides that no court is competent to take cognizance of the offence
under section 172, P.P.C. to 188, P.P.C. unless a complaint in writing was made by the public servant
concerned or by some other public servant to whom he was subordinate. Admittedly, instant F.I.R. is
lodged on the statement of private person, namely, Falak Sher complainant, therefore, registration of
impugned F.I.R. is violative to the provisions of section 195(1)(a), Cr.P.C. and thus void ab initio.
Argument of learned AAG for the State that challan has been sent up and the petitioner can avail the

1 of 2 3/27/2018, 3:04 PM
Case Judgement http://www.plsbeta.com/LawOnline/law/content21.asp?Casedes=2012L2508

remedy under section 249-A, Cr.P.C. before the trial court is also devoid of any force. The words "no
court shall take cognizance" used in the provision of section 195(1)(a), Cr.P.C. makes it crystal clear that
mere forwarding of challan to the trial court is no hurdle in quashing of F.I.R. lodged violative to the
above cited provision of section 195(1)(a), Cr.P.C.
6. For the foregoing discussion and reasons this constitutional petition is allowed and F.I.R. in
question as well as proceedings initiated on the basis of said F.I.R. are hereby quashed.
H.B.T./M-339/L Petition allowed.

2 of 2 3/27/2018, 3:04 PM