NASIR AHMAD Versus ANSAR KHAN

ORDER

I am surprised at the learned Sessions Judge's knowledge of law. According to his interpretation in respect of the offences which fall within the purview of section 195 of the Cr.P.C., no F.I.R. could be registered by the Officer, Incharge of the Police Station at the instance a private person and that any F.I.R. so registered was "unwarranted in the eyes of law" and further that the very basis of the registration of such a case was without any legal foundation.

2. A bare perusal of the provisions of section 195, Cr.P.C. would demonstrate that the said provisions do not create any bar on the registration of an F.I.R. and the stage for the proceedings for which the bar contained in section 195, Cr.P.C. operates, is the stage of taking of cognizance of the case by' a competent Court. If an F.I.R. could be lawfully registered by the Officer Incharge of the police station then the interpretation of the learned Sessions Judge that the same could not have been lodged at the instance of a private person, was an interpretation which is legally untenable. There is no law which provides for a particular class of persons at whose instance F.I.Rs. could generally or even in the present case be registered.

3. The result is that the order, dated 29-11-1993 passed by the learned Sessions Judge of Narowal allowing pre-arrest bail to Asnar Khan respondent is illegal and is consequently set aside. Since the learned Sessions Judge had not considered the matter on its merits, therefore, I consider it C appropriate to refer the matter back to the learned Sessions Judge of Narowal for a fresh consideration of the respondent's bail plea on merits. Ansar Khan respondent shall be deemed to be on interim pre-arrest bail allowed to him by the learned Sessions Judge and the matter shall be decided afresh from that stage onwards.

4. Ansar Khan respondent shall appear before the learned Sessions Judge of Narowal on 16-1-1994.

5. A copy of this order shall be sent to the learned Sessions Judge of Narowal (Hakim Syed Akhtar Irshad) for his information and guidance, wherever he be presently posted.

N.H.Q./N-214/L Case remanded.