IKRAM and 6 others vs S.D.M., TAMERGARA, DISTRICT DIR and anothers

' Ikram son of Arshullah and six others of Village Bakandi, Police Station Ouch, District Dir, through this petition under section 561-A, Cr.P.C. Seek the quashment of F.I.R. No, 412, dated 6-11-1997, of Police Station Ouch, registered against them under section 188, P.P.C. On the ground that they had violated the orders of Sub-Divisional Magistrate passed under section 144, Cr.P.C. Prohibiting them not to plough certain fields.

2. Whether the order passed by the Sub-Divisional Magistrate under section 144, Cr.P.C. Was a lawfully promulgated order, being besides the point; a case under section 188, P.P.C. Is a complaint case and no Court, under section 195(1)(a) of the Cr.P.C. Is competent to take cognizance of the offence unless a complaint in writing is made by the public servant concerned or by some other public servant to whom he is subordinate.

3. In the instant case the order under section 144, Cr.P.C. Is passed by the Sub-Divisional Magistrate and hence the cognizance could only be taken when the complaint in writing had either been made by the Sub-Divisional Magistrate or by the higher officer to whom he was subordinate; whereas, the instant F.I.R. Is lodged by Subhanullah, Tehsildar, who is rather subordinate to the officer concerned.

4. The proceedings as initiated vide F.I.R. No, 412, dated 6-11-1997,18 of Police Station Ouch are void ab initio and are hereby quashed.