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Petitioner: WALI MUHAMMAD and others VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sardar Muhammad Title: WALI MUHAMMAD and others vs THE STATE Case No.: Criminal Miscellaneous No, 5-Q of 1981 Date of Judgment:1983-02-13 Reported As: 1984 P Cr. L J 2514 Result: Petition accepted
Judgment ORDER ' 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 smile 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.