MUHAMMAD IDREES vs THE STATE and 3 others
This criminal petition was filed seeking the quashment of an F.I.R. registered against the petitioner. The core legal question was whether the registration of an F.I.R. is permissible when the underlying offence falls under the ambit of Section 195 of the Code of Criminal Procedure 1898, which restricts a Court from taking cognizance of certain offences except upon a written complaint by the concerned public servant or Court. The petitioner argued that the registration of the case was barred by this provision. The Court held that since the law explicitly prohibits a Court from taking cognizance of such offences without the requisite written complaint, the entire process, including the submission of a challan, is rendered illegal. The Court reasoned that if a Court cannot take cognizance of the matter, the initiation of the criminal process via F.I.R. is legally unsustainable. Consequently, the Court accepted the petition and quashed the F.I.R., establishing the principle that where the law bars judicial cognizance of an offence without a specific written complaint, the registration of an F.I.R. regarding such an offence is invalid.
- Can an F.I.R. be registered for an offence where the Court is barred from taking cognizance without a written complaint under Section 195 of the Code of Criminal Procedure 1898?
- Does the prohibition against taking cognizance under Section 195 of the Code of Criminal Procedure 1898 extend to the submission of a police challan?
- Section 195, Code of Criminal Procedure 1898
- Section 172, Pakistan Penal Code 1860
- Section 173, Pakistan Penal Code 1860
- Section 174, Pakistan Penal Code 1860
- Section 175, Pakistan Penal Code 1860
- Section 176, Pakistan Penal Code 1860
- Section 177, Pakistan Penal Code 1860
- Section 178, Pakistan Penal Code 1860
- Section 179, Pakistan Penal Code 1860
- Section 180, Pakistan Penal Code 1860
- Section 181, Pakistan Penal Code 1860
- Section 182, Pakistan Penal Code 1860
- Section 183, Pakistan Penal Code 1860
- Section 184, Pakistan Penal Code 1860
- Section 185, Pakistan Penal Code 1860
- Section 186, Pakistan Penal Code 1860
- Section 187, Pakistan Penal Code 1860
- Section 188, Pakistan Penal Code 1860
- Section 193, Pakistan Penal Code 1860
- Section 194, Pakistan Penal Code 1860
- Section 195, Pakistan Penal Code 1860
- Section 196, Pakistan Penal Code 1860
- Section 199, Pakistan Penal Code 1860
- Section 200, Pakistan Penal Code 1860
- Section 205, Pakistan Penal Code 1860
- Section 206, Pakistan Penal Code 1860
- Section 207, Pakistan Penal Code 1860
- Section 208, Pakistan Penal Code 1860
- Section 209, Pakistan Penal Code 1860
- Section 210, Pakistan Penal Code 1860
- Section 211, Pakistan Penal Code 1860
- Section 228, Pakistan Penal Code 1860
' Case has been called repeatedly. None has appeared on behalf of respondent No,4. Respondents Nos.2 and 3 are being represented by Ch. Muhammad Hanif Khatana, Additional Advocate- General, Punjab.
2. The main contention of the learned counsel for the petitioner is that the instant case could not have been registered against the petitioner as there is bar under section 195, Cr.P.C. Learned counsel for the petitioner has also relied upon PLD 1975 Lah.
1315.
3. On the other hand learned Additional Advocate-General submits that there is no bar on the registration of case but the Court cannot take cognizance of the matter in the instant case because the same is hit by section 195, Cr.P.C. He has also relied upon 1994 PCr.LJ 1223.
4. I have heard the learned counsel for the parties and also have gone through the judgments cited by the parties. According to section 195, Cr.P.C. Which is reproduced below:-- "195. Prosecution for contempt of lawful Authority of Public Servants.---No Court shall take cognizance.
(a) 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;
(b) of any offence punishable under any of the following sections of the same Code, namely sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except, on the complaint in writing of such Court or of some other Court to which such Court is subordinate; It is crystal clear that no Court can take cognizance in which the report is made in writing by a public servant except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate. The matter which will become illegal tomorrow at the time of submission of challan that is also illegal today. When a Court cannot take cognizance, no challan can be submitted. In this view of the matter, I accept this petition and keeping in view all the abovementioned circumstances, I hereby quash the instant F.I.R. Disposed of.
F.I.R. Quashed.