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Criminal Miscellaneous No. 4252 of 1968, heard on 11th October 1976.

‑‑ S. 561‑A‑Quashment of proceedings‑Contention that offence under S. 186, P. P. C. being a non‑cognizable one, no investigation could be made without permission of Court nor challan sent to Magistrate through P. D. S. P. could be treated as complaint initiated by public servant obstructed in discharge of his public functions-- Contention, held, correct‑Proceedings quashed, in circumstances. [Quashment of proceedings].

Ch. Muhammad Iqbal for Petitioner.

Ghulam Bari Majal for the State.

Date of hearing : 11th October 1976.

Mst. Razia petitioner has applied for the quashment of the proceedings pending against her in the Court of Magistrate 1st Class, Lahore under section 186, P. P. C. initiated on the report of Faizul Hassan A. S. I. who alleged that the petitioner had obstructed him in the performance of his lawful duties.

2. Learned counsel for the petitioner contended that Faizul Hassan A. S. I. should have filed the complaint in the Court himself. The challan submitted in Court by the P. D. S. P. cannot be treated as a complaint by Faizul Hassan in this case. Moreover, no permission from the Magistrate was obtained for the investigation of this case as the offence was non‑cognizable. In view of the submissions, this petition is accepted and the proceedings before the trial Court are quashed.

Proceedings quashed.

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