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Criminal Miscellaneous No. 5-Q of 1981, decided on 14th .February, 1983.
---S.561-A read with Ss. 144 & 195(1)(a)--Penal Code (XLV of 1860), S.188--Quashing of proceedings--Jurisdiction, question of--Order under S. 144, Cr.P.C. promulgated by Assistant Commissioner thereby binding tenants to payment of Batai to landlord before lifting produce--Complaint under S. 188, P.P.C, for violation of such order of Assistant Commissioner, however, lodged by a landlord, contravention of provisions contained in sub-clause (a) of clause (1) of 5.195, Cr.P.C.--Proceedings against peti tioners, held, initiated without jurisdiction and having no force of law- Proceedings quashed, in circumstances.--(Jurisdiction].
Taj Muhammad Khan for Petitioners.
Tasaddiq Hussain Jilani A.A.-G. for the State.
Date of hearing: 14th February, 1983.
The petitioners seek quashment of the criminal proceedings pending against them in the Court of Assistant Commissioner, Chichawatni under section 188, P.P.C.
2. There was some dispute about the non-payment, of Batai between the parties. Faqir Muhammad complainant, who claimed to be the owner of the land which was being cultivated by the petitioners lodged F.I.R. No. 42 at Police Station Shahkot, District Sahiwal on 12th May, 1980, under section 188, P.P.C.
3. Although the learned counsel for the petitioners has contended that the complainant was not the owner of the land and he has given some details which also have been narrated in the petition for the quashment, but I am deciding this petition without reverting to those facts on a short point that no case could have been registered at the absence of Faqir Muhammad complainant.
4, According to the provisions of section 195, subsection (1) (a), Cr.P.C. no Court can take cognizance of an offence punishable under section 188, P.P.C. except on complaint in writing of the public servant or of some public servant to whom he is subordinate.
5. In this case section 144, Cr.P.C. was imposed on the orders of the Assistant Commissioner. The complaint was not lodged by the Assistant Commissioner nor his superior officer it was recorded on the statement of Faqir Muhammad, a private person. As such, the proceedings pending against the petitioners have been initiated without jurisdiction and have no force of law. The quashment petition is, therefore, accepted.
M. Y. H. Petition accepted.
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