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Criminal Miscellaneous No. 611/Q of 1975, heard on 25th May 1976.
‑‑‑ Ss. 561‑A read with S. 195‑Jurisdiction‑Complaint made to District Collector for taking action against petitioners co‑sharers inland for refusing to pay petitioner's share in produce‑Order, however, passed on such petition by Assistant Commissioner, directing police to register a case under S. 188, P. P. C.‑Con tention that petition having been made to District Collector Assistant Commissioner, being a subordinate of District Collector, had no jurisdiction, to dispose of such petition in view of pro visions contained in S. 195, Cr. P. C.‑Contention, held, correct Proceedings quashed, in circumstances.‑[Quashment of proceedings].
Hakim Ali Dogar for Petitioner.
Asghar Ali for Respondent No. 1.
Nemo for the State.
Date of hearing : 25th May 1976.
By this petition the petitioners seek the quashment of criminal pro ceedings under section 188, P. P. C. pending against them in the Court of Ilaqa Magistrate, Sahiwal which have been instituted on the complaint of Assistant Commissioner, Sahiwal.
2. The brief facts of the case are that Waryam respondent made an application to the District Collector/D. M. Sahiwal saying that he is co‑sharer of certain land which was being cultivated by the accused‑tenants and that they are not paying produce of the said land to him, therefore, necessary orders be passed. On that application the Assistant Commissioner, Sahiwal lodged a complaint to the police where a case under section 188, P. P. C. was registered against the petitioners at police Station Dera Rahim on 17‑5‑1975 vide F. I. R. No. 134. The petitioners are facing their trial before the Ilaqa Magistrate.
3. Learned counsel for the petitioner contended that the learned Assistant Commissioner was not competent to lodge the complaint under section 188, P. P. C. Reliance in this behalf is placed on section 195, Cr. P. C. which, inter alia, provides that no Court shall take cognizance of any offence punishable under sections 172 to 188 of the Pakistan Penal Code except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate.
4. From a perusal of section 188, P. P. C. and section 195, Cr. P. C., it is manifest that the complaint could be filed by public servant concerned or by any other person to whom he was subordinate. The learned Assistant Commissioner woo filed the complaint in this case with the police was in fact subordinate to the District Collector/Deputy Commissioner and in n way competent to lodge the report against the petitioners. The Ilaqa Magistrate consequently could not proceed with the complaint which was lodged by a person who had no jurisdiction in the matter.
5. For the aforesaid reasons I accept this petition and quash the proceedings under section 188, P. P. C. which are pending before the Ilaqa Magistrate.
Petition accepted.
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