' SYED SAJJAD HASSAN SHAH, J.---Through the instant petition under section 561-A, Cr.P.C., the petitioner Syed Murid Abbas Shah Bukhari seeks quashment of F.I.R. No,846 dated 5-12-2011 registered under section 188, P.P.C. Read with section 16, M. P.O at Police Station Cantt. D.I. Khan.
2. Briefly stated the facts of the case are that on the report of Muhammad Nawaz Khan, SHO, Police Station Cantt. D.I. Khan, the above mentioned F.I.R. Was registered against the petitioner and others for taking illegal and unapproved procession from Basti Nad Ali Shah to Thallari Qasaban, D.I. Khan.
3. The learned counsel for the petitioner contended that the petitioner and others had taken the procession with the approval of local administration and was being taken since long according to schedule and prescribed route. He further contended that the police is not authorized to register F.I.R. For violation of section 144, Cr.P.C. Unless the complaint in writing is made by the authority in terms of section 195(1)(a), Cr.P.C. Since no complaint in writing was made by the District Coordination Officer, therefore, the registration of F.I.R. Is against law.
4. As against that, the learned A.A.-G. Contended that since the F.I.R. Has been registered, therefore, the petitioner may agitate the above point before the trial Court.
5. I have considered the arguments of learned counsel for the parties and carefully perused the record.
6. To know the controversy involved in the matter, I deem it appropriate to reproduce the provisions of section 195(1)(a), C.P.C. As under:-- "(1) 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."
7. From the bare perusal of the above provision of law, it is quite evident that in an offence under section 188, P.P.C. Cognizance cannot be taken by the Court except on the complaint in writing of the public servant or of some other public servant to whom he is subordinate. In the instant case, the F.I.R. Has been registered on the report of, Muhammad Nawaz, SHO, the cognizance of which cannot be taken by the Court. In such eventuality, the very F.I.R. Is against law and cannot proceed.
8. For the reasons mentioned above, this petition is accepted and F.I.R. No,846 dated 5-12-2011 is hereby quashed.