Law: Pakistan Penal Code, 1860

Section: 188

Law: Criminal Procedure Code (V of 1898)

Section: 144,195(1)(a),417(2-A)

Penal Code (XLV of 1860)--- ----S. 188---Criminal Procedure Code (V of 1898), Ss. 195(1)(a), 144 & 417(2-A)---Disobedience to order duly promulgated by public servant---Power to issue order in urgent cases of nuisance or apprehended danger---Appeal against acquittal---Appreciation of evidence---Prosecution case was that accused was tenant of the appellant and used to cultivate his land---Ban was imposed by the Deputy Commissioner, restraining the tenant from removing or causing to remove any crop, 2015 from the threshing floor unless he had delivered his due share of produce according to Rewaj of the landlord---Accused, despite ban, cut the crop and violated the conditions imposed by the Deputy Commissioner---Record showed that ban was imposed under S.144, Cr.P.C. by the Deputy Commissioner---Report, in the present case, was lodged by the appellant and not by the Deputy Commissioner---Section 195(1)(a), Cr.P.C. revealed that no court could take cognizance of the offence punishable under S.188, P.P.C. except on the complaint of the public servant, who promulgated S.144, Cr.P.C.---Present FIR was not lodged by the concerned District Magistrate---In case of violation of the order passed by the District Magistrate, machinery of law could only be moved by filing complaint by order of such public servant who promulgated the order or by his superior and under no circumstances by a private person, who was landlord---No illegality or jurisdictional defect in the impugned was found--- Accused, in circumstances, was rightly acquitted by the Trial Court---Appeal against acquittal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through instant Criminal Appeal No.31-D/ 2017, filed under section 417(2-A). Cr.P.C, the appellant Kifayat Ullah has assailed the judgment dated 29.11.2017 passed by the learned Resident Judicial Magistrate, Daraban, D.I. Khan, whereby the accused-respondent was acquitted of the charges. 2. Precise facts of the case, out of which the present appeal arises, are that the appellant is the owner of landed property 30 kanals in Khasra No.1609/ 1438 and the accused is his tenant and used to cultivate his land for the…

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