SAEED Versus M. WARYAM
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.