'RAJA MUHAMMAD SHAFQAT KHAN ABBASI, J.---Through this writ petition, the petitioner, Farooq Ijaz has sought the following relief:-- "In view of the above submissions, it is, therefore most humbly prayed that this writ petition may graciously be accepted and a writ may be issued to declare the criminal case No,242 of 2009 dated 13-5-2009 under section 16 of Maintenance of Public Order Ordinance, 1960 (MPO) registered at Police Station Jehanian District Khanewal as illegal, coram-non-judice, tainted with mala tides and ulterior consideration and without lawful authority, consequent thereupon the same may be quashed."
2. That a crime case No,242/2009 dated 13-5-2009 was registered at Police Station Jehanian District Khanewal under section 16 Maintenance of Public Order Ordinance (MPO) on the complaint of respondent No 3 i.e, Tehsildar to the effect that the District Administration, Khanewal received some complaints by the locality regarding non-supply of BARDANA by the officials of PR Centre, Jehanian and on account of that the public at large blocked Khanewal-Jehanian road and as such the public at large created law and order situation on account of mismanagement of the petitioner. As such he shall be proceeded with. The local police resultantly registered the aforesaid case.
3. Learned counsel for the petitioner contends that present F.I.R. Is void ab initio and tainted with mala fide; that no ingredients_ of 16 M.P.O. Were made out, that no report of law and order situation is registered or reported at the police station regarding the blockage of the road; that prior permission of the Magistrate has not been sought which was essential under the law.
4. Learned Law Officer frankly admitted that prior permission of the Magistrate was essential under the law.
5. I have heard the arguments advanced by the learned counsel for the parties and perused the record.
6. Bare reading of the impugned F.I.R. Ingredients of 16-M.P.O. Are not made out; offence of 16 M.P.O.
Is not cognizable. Offence under S.16 of the West Pakistan Maintenance of Public Order Ordinance, 1960 being a non-cognizable offence, F.I.R. Thereunder could not be registered and no investigation thereon could take place without the prior permission of the Magistrate as provided by Ss.155 & 156 Cr.P.C. Prosecution had conceded to the said legal proposition admitting that the complainant had been registered without the prior permission of the Magistrate.
7. In this view of the matter, I am of the considered view that impugned F.I.R. Has been lodged without lawful authority. It appears that respondent No,3/Muhammad Khan, Tehsildar Jehanian has registered the impugned F.I.R. In a hasty manner without application of the mind. It is a fit case which can be judicially scrutinized by this Court in order to rescue the petitioner from unnecessary criminal proceedings. It is a settled principle of law that life, liberty and security of the person is protected under the Constitution of Islamic Republic of Pakistan, 1973. Court has to safeguard the fundamental rights of every citizen to protect life liberty from any mala fide of the authority, accordingly, this writ petition is allowed and the impugned F.I.R. Is quashed. However, there will be no bar on the respondents to initiate criminal proceedings strictly in accordance with law.