Law: Criminal Procedure Code (V of 1898)

Section: 561-A,4(h),173,195(j)(c)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Constitution of Pakistan (1973), Art.199---Constitutional petition--Quashing of judicial proceedings---Conversion of constitutional petition into application under S.561-A, Cr.P.C.---As judicial proceedings could not he quashed by the High Court by exercising powers under Art. I99 of the Constitution, constitutional petition filed by accused was converted by High Court into application under S.561-A, Cr.P.C. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 4(h), 173 & 195()(c)----Penal Code (XLV of 1860), S.188---Quashing of proceedings---Application for---'Trial Court was not competent to take cognizance of the offence on a police report having been submitted by Sub-Inspector or S.H.O.---Section 4(h), Cr.P.C. specifically excluded the report of Police Officer from the domain of word "complaint'---Report submitted under S.173, Cr.P.C. could not be considered to be a complaint as provided by S.4(h), Cr.P.C.---Section 195, Cr.P.C., placed a specific embargo upon the Trial Court to take cognizance on the report of Police Officer, but on the complaint in writing of the concerned officer or some other public servant to whom he was subordinate---In the present case, declaration to prohibit the publication, supply and possession was issued by the Home Secretary, Government of Punjab, who was the only Authority to lodge complaint with the court of competent jurisdiction----Matter was reported to the Trial Court by a Police Officer, who was having no jurisdiction to do that---Cognizance taken by the Trial Court, in circumstances, was illegal and proceedings conducted by the court was an abuse of process of law---Proceedings pending before the Trial Court registered under S.188. P.P.C., were quashed. ORDER MUHAMMAD AKRAM QURESHI, J. --- It has been intimated by the learned A.A.-G. that the report of Police Officer under section 173, Cr.P.C. has already been submitted before the Court of competent jurisdiction on 4-8-2006 and the case is pending for trial. 2. I am afraid, judicial proceedings cannot be quashed by exercising powers under Article 199 of the Constitution of Islamic Republic of Pakistan,…

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