' In continuation of my order dated 28-3-2003, learned counsel for the complainant submits that in fact the complaint was filed under section 295-C, P.P.C. Against the present petitioner and his co- accused but the learned Magistrate after inquiry submitted a report that case under section 295-A is made out, that learned Magistrate was wrong in holding this fact after recording the preliminary evidence, that bare perusal of the complaint and the statements of the witnesses show that case under section 295-C, P.P.C. Is made out and not under section 295-A, P.P.C. He has relied upon 1993 SCM R 1718 and has also read before Article 203 of the Constitution of Islamic Republic of Pakistan.
2. On the other hand, learned Additional Advocate-General very candidly concedes the submissions made by learned counsel for the petitioner and has also drawn my intention to section 196, Cr.P.C.
3. 1 have heard learned counsel for the parties. For the just decision of the case, I would like to reproduce section 196, Cr.P.C. As under:-- "196. Prosecution for offences against the State.--- No Court shall take cognizance of any offence punishable under Chapter VI or IX-A of the Pakistan Penal Code (except section 127), or punishable under section 108-A, or section 153-A, or section 294-A or section 295-A or section 505 of the same Code, unless upon complaint made by order of, or under authority from the Central Government, or the Provincial Government concerned, or some officer empowered in this behalf by either of two Governments".
' The bare perusal of abovesaid section would show that no Court can take cognizance of any offence punishable under chapter which has been mentioned there and specifically section 295-A, P.P.C. In which the petitioner has been summoned by the learned trial Court. After having gone through the abovesaid section, this petition is accepted and the proceedings are hereby quashed.