' MUHAMMAD ANWAR KHAN KASI, J.---The petitioner seeks quashment of F.I.R. No,98, dated 10-3- 2007, under section 188, P.P.C., registered at Police Station Aabpara, Islamabad on the grounds that there is no direct evidence against him and the police officer was not authorized to lodge the F.I.R.
For the violation of section 144, Cr.P.C., complaint in writing was not made by the concerned authority under section 195(1)(a), Cr.P.C., he is not nominated in the F.I.R., nothing was recovered from him and there is no probability of the petitioner being convicted for any offence.
2. The learned counsel for the petitioner in support of his contention relies upon case-laws reported in 1993 PCr.LJ 2306, 2000 SCM R 122, and 1998 PCr.LJ 87, which are on the point that the Police Officer is not authorized to register F.I.R. For the violation of section 144, Cr.P.C, unless complaint in writing is made by the authority in terms of section 195(1)(a) Cr.P.C., while according to caselaw reported in 1997 PCr.LJ 589, that:-- "The public servant concerned has been defined is the one, whose order has been violated."
3. The learned Standing Counsel on the other hand,' vehemently opposed the petition on the grounds that under section 156(2), Cr.P.C. Investigation of the case cannot be questioned by any Court and the powers of the Trial Court cannot be over-ridden and the prosecution be allowed to establish the case through evidence.
4. Heard and record perused.
5. Admittedly, the petitioner is not .Nominated in the F.I.R. And there is no direct evidence .Against him as the- F.I.R. Very specifically states that the students of Lal Masjid were distributing, Pamphlets after Jumma Prayer. None was arrested at site and Ghulam Mustafa S.I. Lodged the F.I.R. Directly, while he is not complainant of the case and the concerned public 'servant had not made any complaint in writing, which is mandatory requirement of section 195(1)(a), Cr.P.C., which reads as under:-- "No ..
' Court shall take cognizance of any offence punishable under sections 172 to 188, P.P.C. Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate."
6. Thus direct F.I.R. Against unknown persons for offence under section 188, P.P.C. Could not have been lodged. Apart from the jurisdiction point, the case on the basis of evidence is also difficult to be established for the simple reason that even in the challan the names or descriptions of the student's have not been mentioned, who are stated to have been distributing the pamphlets. No reason in the challan has been shown for connecting the petitioner with this offence. The F.I.R. Was registered on 10-3-2007 and the maximum punishment for the offence is one month SI or fine of Rs,200 or both and therefore, the further trial of the case would not serve any purpose rather it shall be an abuse of the process of law as there does not seem to be any probability of the petitioner being convicted on the basis of present evidence.
7. For the foregoing reasons, the petition is accepted and the proceedings arising out of F.I.R. No, 98, dated 10-3-2007, under section 188, P.P.C., registered at Police Station Aabpara, Islamabad, pending before Mr. Kashif Quyyom Sheikh, learned Judicial Magistrate section 30, Cr.P.C. Are quashed. Copy of this order be sent to the A learned Trial Court for information.