Through the currency of this petition, the inherent jurisdiction of the Court under Section 561-A of the Code of Criminal Procedure (for short `the Code) has been invoked in seeking quashment of FIR No. 103/2003 for offences under Sections 2/3-A, EPIMCO, 120-B/121,121-A/123-212, RPC, together with the order dated 15.1.2004, by virtue of which charges under the aforesaid provisions have been framed, to the extent it pertains to the petitioners, on the ground that the cognizance taken by the trial court and charges framed, are without jurisdiction and an abuse of process of the court because of the bar created under section 196 Cr.P.C, that no court shall take cognizance of the offence to which the provisions of section 196 of the Code apply, unless upon a compliant made by order of or under authority from (the Government or District Magistrate or such other officer as may be empowered by the Government in this behalf).

2. It appears that first information report came to be registered with Police Station, Poonch, on the basis of communication No. 669/SO dated 26.7.2003. For facility of reference the communication is reproduced as under:-

"OFFICE OF THE DISTRICT MAGISTRATE POONCH.

Station House Officer,

Police Station,

Poonch.

No:- 669/SO dated:- 26.7.2003

Subject: Action under Chapter VI of Cr.P.C.

Due to militancy, District Poonch is badly effected by the activities of militants and anti national elements. The Inter Service Inteligence Agency of Pakistan has pushed a large number of armed infiltrators into the local jurisdiction of P/S Poonch to operate for subversive, disruptive and terrorist activities. The anti-national elements, banned Organizations Let, TUJI, JeM have hatched a criminal conspiracy with Muneer Hussain Code Allah Din s/o Nek Mohd R/o Kalsan, Abdul Karim Code name S.Karim s/o Fazal Din caste Gujjar R/o Serrian Noor Kote, Manzoor Husain code Jarrar s/o Bagh Hussain R/O Hari, Mst. Sharifa Bi Code Sheen point w/o Bali Mohd Bagh Hussain R/O Hari Mohalla Illian and other co-accused have indulged in funding the militant Organization with the help of relatives across the border, concealing and dumping arms and explosive material and are providing food and shelter to the anti-national elements and militants operating in the area for waging war against state Govt. and Govt. of India.

Moreover the activities launched by militants at the behest of ISI with the active connivance of above noted individuals and other co-accused have created a sense of insecurity alarm among the public at large. The disruptive and subversive activities of militants and these anti-national elements have also disturbed the peace and tranquility of State. Now it has become day to day practice of militants and anti-national elements to indulge in such activities hence, a legal action is required to be initiated against the culprits.

Therefore, I Ejaz Iqbal District Magistrate Poonch direct you for registration of the case under appropriate sections of law and take up the investigation.

Sd/-

(Ejaz Iqbal)

District Magistrate

Poonch"

3. It is clearly gatherable from record that on the registration of the case for offences under sections 2/3-A EPIMCO, 120-B/121,121-A/123-212 RPC, investigation was conducted by the Police. On the conclusion of the investigation, challan against the petitioners and other accused persons was presented before the Sessions Judge, Poonch. Cognizance of the offences was taken by the learned Sessions Judge, Poonch, vide his order dated 15.1.2004 and he found prima facie charge under sections 2/3-A EPIMCO, 120-B/121,121-A/123-212, RPC, madeout against the petitioners and formal charges were framed against them,accordingly.

4. Learned counsel appearing for the petitioners submitted that no cognizance could be taken by the learned Sessions Judge in the absence of a complaint made by the order of or under the authority of the Government or District Magistrate or such other officer as may be empowered in this behalf, as required under sect

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