Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 195(1)(c) & 476---Penal Code (XLV of 1860), Ss.420, 468 & 471---Constitution of Pakistan (1973), Art. 199--Constitutional petition---Quashing of F.I.R.---On private complaint under Ss.33F(i)(ii), 337-F(i), 452, 48 & 149; P.P.C., Magistrate concerned issued summons to petitioner/accused to face trial---Accused appeared and the other petitioner stood surety for him by submitting surety bond---Respondent filed application before Trial Magistrate alleging that surety had submitted a forged `Jamabandi' with surety bond---Magistrate on receiving report of Tehsildar to the effect that surety had no agricultural land, accepted application of respondent and sent `robkar' to S.H.O. concerned directing him to register a case against petitioners and S.H.O. registered the F.I.R. against petitioners under Ss.420, 468 & 471, P.P.C.---Revision by petitioners before Addl. Sessions Judge having been dismissed, petitioners had filed Constitutional petition for quashing of said F.I.R. registered against them---Validity---Requirement of S.195(1)(c), Cr.P.C. was that no Court would take cognizance of any offence described in Ss.463, 471, 475 or 476, P.P.C. when such offence was alleged, to have been committed by a party to any proceedings in any Court in respect of a document produced or given in evidence in such proceedings, except on complaint in writing of such Court---Alleged bail bond supported by 'a `Fard' having been prepared for bail purpose only, any criminal proceedings could be initiated only on a complaint in writing of the Court of Judicial Magistrate where proceedings in which petitioner was granted bail, were pending---Only concerned Courts mentioned in clauses (b), (c) of S.195, Cr.P.C. had right to file complaint and unless there was a complaint by such Court, no criminal Court would take cognizance of those offences---Mandatory provisions of 5.195, Cr.P.C. having not been complied with in the present case, F.I.R.. registered being inconsistent with said provisions of law, was illegal ---F.I.R. registered against petitioners, in circumstances, was quashed declaring same to be without lawful authority and…

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