Seeks quashment of FIR No, 36 dated 26.02.2011 registered under Sections 420, 468 & 471 PPC at Police Station Attock Khurd.
2. The prosecution case is that in a case of Superdari, Imran Khan the petitioner produced a forged registration book of the vehicle in question in the Court of the learned. Illaqa Magistrate. He was thus accused of commission of the offence under the above said sections.
3. Contends that as per the provisions of Section 195 Cr.P.C., no Court shall take cognizance of any offence described in Section 463 PPC which is punishable under Section 468 PPC or under Section 471 PPC except on a complaint in writing of such Court. The complaint having not been made by the Court, a criminal case could not be registered. Since the registration of the criminal case is illegal, a Court could not take the cognizance of the matter.
4. On the other hand, it is contended by the learned AAG that the petitioner himself prepared or had a document prepared and then dishonestly used the same as genuine which he knew to be a forged document. A criminal case has legally been registered against him; that a complaint in writing by a Court is not necessary for taking the cognizance of an offence if the document alleged to be false was prepared at a previous occasion.
5. I have heard the learned counsel for the petitioner, the learned AAG and also gone through the record.
6. The document in question was got prepared in order to have the Superdari of the vehicle in question and was submitted in the Court. The preparation of a false document and its presentation in the Court are not the result of sporadic acts, they were committed in the same Series of unlawful acts. Under Section 195 Cr.P.C., a Court is not to take the cognizance of such an offence except on a complaint in writing made by such Court. A complaint has been defined under Section 4(h) of Cr.P.C. It is a statement of accusation or allegation of fact or information put forth to a Magistrate incurring commission of an offence to be taken cognizance. No other definition of complaint is available under the Code of Criminal Procedure or Pakistan Penal Code. In the instant case, the Court has taken cognizance on a report made under Section 173 Cr.P.C after the registration of a criminal case lodged at the instance of SHO Police Station Attock, Khurd. Neither the FIR could be lodged nor the Court could take the cognizance of the offence under the above referred sections.
The continuation of the illegality cannot be allowed. Relying on "PLJ 2010 Lahore 506" titled Muhammad Ashfaq Vs. State and 2 others & "PLJ 2013 Islamabad 74" titled Rimsha Masih Vs. Station House Officer, Police Station Ramna, etc., this petition is accepted. FIR No, 36 dated 26.02.2011 registered under Sections 420, 468 & 471 PPC at Police Station Attock Khurd and the proceedings before the Illaqa Magistrate in the criminal case are quashed.