Nafees-ud-Din Khan filed this petition for quashing of proceedings against him under para. 10/30 of Martial Law Regulation No. 115 in the Court of Magistrate Ist Class, Jhang.
2. The main arguments of the learned counsel for the petitioner were that mandatory provisions of para. 31 of the regulation had not been complied with; that instead of making a complaint in writing, the Deputy Land Commissioner got a case registered against the petitioner at Police Station, Qadirpur, District Jhang.
3. The present petitioner acquired more than four squares of land in villages Sharin and Morwali. To evade the effect of Land Reforms, he did not submit the declaration form. On the application of Sbamair, a notice was served on the present petitioner. He submitted his explanation on 28th March 1973, and made a further request that he be heard in person. He appeared before the Deputy Land Commissioner, Jhang; on 10th April 1973, and submitted forms LR-4 and 7 along with an application stating that he was unable to submit forms on account of sickness. Inquiry was held. The Land Commissioner, Sargodha Division, did not condone the delay. Excess land was resumed. Deputy Land Commissioner was directed to file a complaint. Instead of filing a complaint as envisaged in para. 31 of Martial Law Regulation No. 115, he moved Superintendent of Police, Jhang, on 3rd October 1973, through memorandum for the registration of the case. The case was accordingly, registered at Police Station, Qadirpur, on 10th October 1973. The petitioner was challaned and case is pending before a Magistrate at Jhang. It clearly laid down in para. 31 of Martial Law Regulation No. 115, that no Court shall take cognizance of an offence under this regulation except on the complaint in writing made by the Commissioner or under authority from the Commissioner. The Land Commissioner had directed the Deputy Land Commissioner to file a complaint, but instead of complying with his direction, the Deputy Land Commissioner, moved the police for the registration of the case. After the registration of case, the challan was submitted against the petitioner. The challan submitted by the police cannot be treated as complaint as provided in para. 31 of the Martial Law Regulation No. 115. Under these circumstances I hold that the learned Magistrate erred in law in the taking cognizance of this case. The entire proceedings have vitiated. The petition is accepted and the proceedings are quashed.