1. ' Applicant seeks abashment of proceedings initiated on the basis of F.I.R. No,184 of 1996 of Preedy Police Station under section 188, P.P.C. Pending in the Court of A.C. And S.D.M., Preedy, Karachi (South).
2. ' The facts leading to the filing of this application are that on 6-8-1996 one Aijaz Khan, Deputy Controller of Buildings, Zone XVI, Karachi lodged the above case at the above police station stating therein that shop on Plot No,6/10- PR-2, Preedy were sealed on 11-6-1996 on the orders of the Prime Minister. On 4-8-1996 site was visited by the Assistant Controller of Buildings who found few of the seals broken and lodged the above case that the same has been done by violating the order under section 144, Cr.P.C. Imposed by District Magistrate. It also said that Mst. Sameena is the owner of the said shops.
3. ' Mr. Sardar Muhammad Ishaq, counsel for the applicant attacked these proceedings on legal grounds and stated that in view of provisions laid down in section 195, Cr.P.C. a complaint in writing is to be lodged before the Court having jurisdiction by public servant concerned whose orders are violated under section 144, Cr.P.C. Or of some other public servant to whom he is subordinate. In this case according to the learned counsel an incompetent person has lodged F.I.R. As such the entire proceedings are illegal. In support he relied upon the case of Shah Muhammad Khan v. The State 1993 PCr.LJ 2306 and submitted that the proceedings may be quashed.
4. ' Mr. Habibur Rashid counsel appearing for the State conceded with the arguments advanced by applicant's counsel and submitted that in view of the above legal position he has no objection to the quashment of the proceedings.
5. F.I.R. Regarding violation of the order of learned District Magistrate passed under section 144, Cr.P.C.
6. Has been lodged by Aijaz Khan, Deputy Controller of Buildings, Zone XVI at Police Station Preedy and no complaint is lodged either by District Magistrate himself or by person to whom he is subordinate. In such circumstances in view of provisions laid down under section 195((1)(a), Cr.P.C.
7. The entire exercise is illegal and continuation of the proceedings are abuse of the process of Court.
8. Consequently, this application is allowed and the proceedings are quashed.