Malik MUHAMMAD SADIQ vs THE STATE

' Malik Muhammad Sadiq petitioner has moved this petition under section 561-A of the Code of Criminal Procedure for the quashment of the proceedings initiated against him under section 182, P. P. C. On the complaint of S. H.

0., Police Station City, Dera Ghazi Khan, now pending in the Court of Mr. Muhammad Arshad Qureshi, Magistrate, First Class, Dera Ghazi Khan.

2. The brief facts of the case are that on 5th June 1976, Malik Muhammad Sadiq petitioner made an application to the Superintendent of Police, Dera Ghazi Khan, alleging that on 1st June 1976 in his absence Messrs Shafqat All Hijazi and Hafiz Muhammad Yusuf, Magistrates First Class, Dera Ghazi Khan, and some police officials trespassed into his official residential quarter, threw out his household effects, ousted the inmates of the house and forcibly occupied the premises. It was further alleged that on checking the household effects some cash and certain ornaments were found missing which had been stolen by the aforesaid persons. Under the orders of the Superintendent of Police, a case under sections 354, 392 and 448 of the Pakistan Penal Code was registered at Police Station City, Dera Ghazi Khan. The case was investigated by the S. H. O. Who found that the allegations were false and in fact the residential quarter had been allotted by the Deputy Commissioner to Hafiz Muhammad Yusuf aforesaid.

3. Relying on section 195, Cr. P. C., the learned counsel for the petitioner has contended that since the petitioner had made the complaint before the Superintendent of Police, Dera Ghazi Khan, and the case under sections 354, 392 and 448, P. P. C. Was registered at the Police Station under his orders, therefore, only he, or any other officer to whom he was subordinate, was competent to initiate the proceedings against the petitioner and the present complaint which has been initiated by the S. H. O. , is wholly incompetent and there is complete absence of jurisdiction in the Court in which it is now pending. Section 195 of the Code of Criminal Procedure, inter alia, lays down 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. On the last date, the learned counsel for the State requested for adjournment as he wanted to study the case-law, but he has not been able to produce any authority to show that a complaint made by a person other than the public servant concerned or some other authority to whom he is subordinate, is competent. He, however, submits that the irregularity in the complaint, if any, is curable under section 537 of the Code of Criminal Procedure. The contention is without any force because section 195, Cr. P. C. Is mandatory and non- compliance of its provisions bars the jurisdiction of the Court. I am, therefore, of the view that there being complete absence of jurisdiction in the Court, the whole proceedings are vitiated and the defect is not curable under section 537 of the Code of Criminal Procedure.

9. For the foregoing reasons, this petition is allowed and the complaint filed by the S. H. O. , Police Station City, Dera Ghazi Khan, against the petitioner under section 182 of the Pakistan Penal Code is dismissed.