Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM ABBAS ABBASI VS Respondent: SENIOR SUPERINTENDENT OF POLICE, ISLAMABAD and others
Court Name: Lahore High Court Judge(s): Ali Nawaz Chohan Title:GHULAM ABBAS ABBASI vs SENIOR SUPERINTENDENT OF POLICE, ISLAMABAD
and others Case No.: Writ Petition No,2508 of 2003 Date of Judgment:2003-09-30 Reported As: 2004 YLR 380 Result: Petition allowed Judgment ORDER ' The question for determination in this writ petition is whether the Assistant Sub-Inspector of Police Station Secretariat, Islamabad, who is respondent No,4, could lodge a complaint against the violation of an order under section 144, Cr.P.C: passed by the District Magistrate, Islamabad on 18- 7-2003. Which the Assistant Sub-Inspector lodged on 1-9-2003 under the provisions of section 188 of the P.P.C. And was registered vide F.I.R. No,265, dated 1-9-2003. ' The allegation against the petitioner was that he was found firing in the air. The petitioner applied for his bail before arrest which was pending when this writ petition was filed, whereas, his co- accused got bail after arrest. ' The learned Assistant Advocate-General was of the view that a Court could not take cognizance of a case until a competent complaint was made as envisaged under section 195(1)(a) of the Cr.P.C., which reads as follows:-- "No Court shall take cognizance:-- (a) Prosecution for contempt of lawful authority of public servants.---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." ' The argument from the other side was that the provisions of section 195(1)(a) of the Cr.P.C. Were explicit and simple and a complaint could only be made by the persons reflected therein. ' On the basis of the case reported as Abdul Baqi and others v. The State 1998 PCr.LJ 87, it was said that a case could not proceed before a Magistrate as the police official was not authorized to
---
## Page 2
register a case, he was not the authority in terms of section 195(1)(a) of the Cr.P.C. But the present F.I.R. Was invalid and illegal. ' Reference is also made to the cases of Muhammad Ayub alias Ranjha v. District Magistrate/Deputy Commissioner, Multan and others 2001 PCr.LJ 1039 and Muhammad Idrees v. The State and others 2001 PCr.LJ 593. ' This Court respectfully agrees with the law laid down and referred to above. ' The F.I.R. In question is therefore, invalid and illegal and be cancelled.