1. ' This application under section 561-A, Cr.P.C. Is moved on behalf of applicant Haji Tooti Bashar son of Muhammad Zaman seeking quashment of proceedings pending against him in the Court of S.D.M. Orangi under section 188, P.P.C. Registered at Police Station Manghopir vide F.I.R. No,91/1992.
2. ' The facts of the case are that on 23-7-1992 S.I. Muhammad Nawaz of Police Station Manghopir received information that the applicant is raising a building on Government land situated behind Reti Pahar, Islamia Colony, within the jurisdiction of Police Station Manghopir. On receipt of this information he conducted a raid in the presence of witnesses Constable Ghulam Murtaza and Constable Sajid Hussain and from the site he recovered construction implements. The accused was present. He had violated the orders of the Deputy Commissioner, Karachi West, dated 22-6- 1992 whereby section 144 was imposed in that area. Accordingly the accused Tooti Bashar was arrested for an offence under section 188, P.P.C. And subsequently F.I.R. 91/1992 was lodged by S.I.
3. Muhammad Nawaz at Police Station Manghopir who himself conducted the investigation. After completing the investigation the challan was submitted in the Court.
4. ' I have heard Mr. Syed Ansar Hussain, Advocate for the applicant and Mr. Muhammad Zubair Qureshi, Advocate for A.-G. For State. The latter has opposed this application.
5. ' The learned counsel for the applicant has raised a legal point. He submits that the offence under section 188, P.P.C. Is covered by section 195, Cr.P.C., as such, the trial Court can take cognizance on a complaint in writing and not on a challan/police report.. In the present case cognizance has been taken by the trial Court on a challan submitted by the police and therefore, the proceedings pending against the applicant are an abuse of the process of the Court.
6. ' In order to ascertain whether the trial Court has taken cognizance on a challan or a complaint, the R&P was called. I have perused the R&P and it is confirmed that the learned S.D.M. Orangi has taken cognizance on a challan vide his order, dated 22-9-1992, which is reproduced as under:-- "Register a case.
7. ' (Sd.)
8. ' 22-9-1992."
9. ' The perusal of the order sheet dated 22-9-1992 indicates as under:- "Challan received today, register it. Accused present on bail. Copies under section 161, Cr.P.C. Supplied to him. Put off to 28- 9-1.992 for charge. Accused directed to attend."
10. ' The above orders of the learned S.D.M. Clearly confirm that the cognizance has been taken on a challan submitted by the police.
11. ' Under section 195, Cr.P.C., subsection (1), clause (a) it is specifically provided that no Court shall take cognizance 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. In the present case it is an admitted position that no complaint was filed but instead a challan has been submitted. It may also be noted that the challan submitted by the police under section 173, Cr.P.C. Cannot be treated as a complaint. The word complaint has been defined in the Criminal Procedure Code in section 4(h) and the last line of the definition of complaint indicates that it does not include a "police report". It may be explained that the word police report is another name for challan, as such wherever the word "police report" is used it means the challan submitted by the police.
12. In the above circumstance, I have no hesitation in observing that the cognizance taken by the learned S.D.M. Orangi on a police report/challan for the above offence is not in accordance with law. Accordingly the proceedings pending against the applicant are an abuse of the process of the Court and the said proceedings are hereby quashed.
13. ' By a short order, dated 7-3-1993 the said proceedings were quashed, these are the reasons for the same.