' Case has been called repeatedly. None has appeared on behalf of respondent No,4. Respondents Nos.2 and 3 are being represented by Ch. Muhammad Hanif Khatana, Additional Advocate- General, Punjab.
2. The main contention of the learned counsel for the petitioner is that the instant case could not have been registered against the petitioner as there is bar under section 195, Cr.P.C. Learned counsel for the petitioner has also relied upon PLD 1975 Lah.
1315.
3. On the other hand learned Additional Advocate-General submits that there is no bar on the registration of case but the Court cannot take cognizance of the matter in the instant case because the same is hit by section 195, Cr.P.C. He has also relied upon 1994 PCr.LJ 1223.
4. I have heard the learned counsel for the parties and also have gone through the judgments cited by the parties. According to section 195, Cr.P.C. Which is reproduced below:-- "195. Prosecution for contempt of lawful Authority of Public Servants.---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;
(b) of any offence punishable under any of the following sections of the same Code, namely sections 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, except, on the complaint in writing of such Court or of some other Court to which such Court is subordinate; It is crystal clear that no Court can take cognizance in which the report is made in writing by a public servant except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate. The matter which will become illegal tomorrow at the time of submission of challan that is also illegal today. When a Court cannot take cognizance, no challan can be submitted. In this view of the matter, I accept this petition and keeping in view all the abovementioned circumstances, I hereby quash the instant F.I.R. Disposed of.
F.I.R. Quashed.