PROVINCE OF PUNJAB IN ITS MINISTRY OF COMMUNICATIONS AND WORKS Versus REGISTERED FIRM NISARUL HAQ ASSOCIATES GOVERNMENT CONTRACTORS

1. The applicants have applied for quashment of proceedings of Case No.709 of 1994, presently pending before learned A.C./S.D.M., Orangi Town, Karachi (West) arising from F.I.R. No. 126 of 1994 of Police Station Manghopir Karachi West registered under section 188, PAC. The facts relevant for decision of this application are as follows.

2. A.S.-I. Muhammad Habib on 21-12-1994 lodged said F.I.R. wherein it I is alleged that the applicants had violated the order dated 10-8-1994' of the Deputy Commissioner, Karachi West, passed under section 144, Cr.P.C, According to said order, the land belonging to Government/K. D.A./K.M.C./ Cooperative Societies are frequently being encroached upon by the land grabbers, and this creates law and order problem. This Order was to remain effective for a period of 2 months from 10th August, 1994. The applicants were arrested on 21-12-1994 and on the same date the charge-sheet was submitted against them before the said Magistrate.

3. It is contended on behalf of the applicants that order, dated 10th August, 1994 had already expired on 10th October, 1994, as such, no offence was committed by the applicants: Learned counsel for the applicants also argued that in view of section 195(1)(a), Cr.P.C. no Court could take cognizance of the offences punishable under sections from 172 to 188 of P.P.C., except on the complaint in writing of the public servant concerned, and that this F.I.R. was not lodged, by the concerned public servant. In support of these contentions, reliance is placed on the cases (1) Muhammad Hussain v. The State PLD 1967 Pesh. 307, (2) Baharuddin v. The State 1994 PCr.LJ 2529. In the case of Muhammad Hussain while discussing the scope of the words "public servant concerned" appearing in section 195(1)(a) of Cr.P.C. it was observed that these words do not mean any public servant, but only the public servant, whose order, is violated. In Baharuddin's case, cognizance of the offence under section 188, P.P.C. was taken by the trial Court on -a Police Report and not on the complaint of the Sub-Divisional Magistrate, who had passed the order under section 144, Cr.P.C. It was observed that proceedings taken against the accused were unlawful and the same were quashed. In the instant case, the complaint, if any, was to be lodged by the said District Magistrate and not by A.S.-I. Muhammad Habib. Mr. Hayat Qureshi, learned counsel for the State frankly conceded that the proceedings against the applicants are unlawful and he has no objection, if these proceedings are quashed.

4. Accordingly, the proceedings in question are quashed.

5. N.H.Q./N-558/K Proceedings quashed.