1. ' This is criminal miscellaneous application moved under section 561-A, Cr.P.C. By applicant Rafi Danish, who is facing trial for an offence punishable under section 188, P.P.C.
2. ' The F.I.R. In which the applicant was challenged was registered on 23-4-1993 at Police Station Joharabad, Karachi Central (F.I.R. No,202 of 1993) by A.S.-I. Adil Naqvi of Police Station Joharabad. It was stated that A.S.-I. Adil Naqvi alongwith Police Constables Muhammad Asghar, Rao Akhtar, Nooruddin and others were performing their duties in the area when they found that 300 to 400 people had gathered near the House No,494/8 of Altaf Hussain. They had gathered there as the M.Q.M. Chief Altaf Hussain was addressing the workers on telephone from London at about 10-11 p.m. The persons who had assembled there consisted of the activists of M.Q.M. Comprising of Kanwar Khalid Younis, M.A. Jalil, Rashid, Akram, Muhammad Abid, Khawar, Anis, Amir and Rafiq Danish. The A.S.-I. Adil Naqvi, in his F.I.R. Further stated that the District Magistrate Central, Karachi had enforced provisions of section 144, Cr.P.C. Prohibiting the assembly of persons at one place and that these persons had assembled in violation of that order and thereby had committed an offence punishable under section 188, P.P.C. After registering such F.I.R. The present applicant amongst other accused were challenged to stand their trial in the Court of Sub-Divisional Magistrate, Liaquatabad, Karachi. This application has been moved by the learned counsel for the applicant contending that since the A.S. 1., was not competent to register the F. I. R. For an offence punishable under section 188, P.P.C. The police had no power to investigate the case and consequently the applicant cannot be legally convicted and the proceedings if allowed to continue before the trial Court will amount to abuse of the process of the Court. The learned counsel relied on an earlier judgment of this Court in Criminal Miscellaneous Application No,251 of 1996, in which judgment a co-accused in the same case had moved this Court for abashment of the proceedings against him and the same were quashed on 29-10-1996. The copy of such judgment is on the record of this case. After considering the arguments of the learned counsel I find that the allegations against the present applicant are the similar allegations as leveled against the co-accused Muhammad Enamel Haque (applicant in Criminal Miscellaneous Application No,251 of 1996). Since the proceedings against the co-accused M. Inamul Haque, have earlier been ordered to be quashed for the detailed reasons given in the judgment, dated 29-10-1996, I find that the rule of consistency requires that the present application be also allowed.
3. ' Consequently, this criminal miscellaneous application is allowed and the proceedings against the applicant Rafi Danish, in the F.I.R. No,202 of 1993 for an offence under section 188, P.P.C. Are quashed.
4. ' It is worthwhile to mention here that it has been pointed out that so far no amendment in section 195, Cr.P.C. Had been brought and on that account the complaint had to be lodged by the District Magistrate or his superior officer to whom he was subordinate as provided in section 195, Cr.P.C.