2007 P Cr (PLP)
MUBASHAR AHMED — Petitioner Versus S.H.O., POLICE STATION SADDAR, GUJRANWALA and 4 others — Respondents
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUBASHAR AHMED — Petitioner Versus S.H.O., POLICE STATION SADDAR, GUJRANWALA and 4 others — Respondents |
| Primary Law | Police Order (22 of 2002) |
Q1: What are the key laws and sections cited in 2007 P Cr (PLP)?
This judgment primarily cites: Police Order (22 of 2002) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 P Cr (PLP) (MUBASHAR AHMED — Petitioner Versus S.H.O., POLICE STATION SADDAR, GUJRANWALA and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Arts. 73 & 152---Penal Code (XLV of 1860), S.109/34---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of F.I.R.---Arguments of counsel for petitioner was that inquiry under Art.152 of Police Order, 2002 could be held by Police Complaints Authority, which was provided under Art.73 of Police Order, 2002---Report prepared by Additional Advocate-General, had shown that matter was never referred to the Police Complaints Authority, but was directly entertained by D.I.-G. and thereafter, it trickled down to S.H.O. concerned---Additional Advocate General, had conceded to the point of counsel for petitioner that apparently flaw was obvious in the proceedings taken by respondents in view of provision of Art.152 to be read with Art.73 of Police Order, 2002---F.I.R. was quashed, in circumstances.
- Muhammad Irfan Malik for Petitioner.
- On the last date of hearing, learned Additional Advocate-General, Punjab was directed to prepare the report and also seek instructions. The report shows that the matter was never referred to the Police Complaints Authority; it was directly entertained by the D.I.-G. and thereafter, it trickled down to the S.H.O. Police Station Saddar, Gujranwala. The learned Additional Advocate-General, Punjab, candidly conceded to the point of the learned counsel for the petitioner that apparently flaw is obvious in the proceedings taken by the respondents, in view of the provision of Article 152 to be read with Article 73 of Police Order, 2002.
Headnotes / Summary
Arts. 73 & 152
Penal Code (XLV of 1860), S.109/34
Constitution of Pakistan (1973), Art.199
Constitutional petition
Quashing of F.I.R.
Arguments of counsel for petitioner was that inquiry under Art.152 of Police Order, 2002 could be held by Police Complaints Authority, which was provided under Art.73 of Police Order, 2002
Report prepared by Additional Advocate-General, had shown that matter was never referred to the Police Complaints Authority, but was directly entertained by D.I.-G. and thereafter, it trickled down to S.H.O. concerned
Additional Advocate General, had conceded to the point of counsel for petitioner that apparently flaw was obvious in the proceedings taken by respondents in view of provision of Art.152 to be read with Art.73 of Police Order, 2002
F.I.R. was quashed, in circumstances.
Judgment & Decree
SYED SHABBAR RAZA RIZVI, J.
The petitioner seeks quashment of F.I.R. No.266 of 2006 dated 12-6-2006 registered under Article 152 of Police Order, 2002 to be read with section 109/34, P.P.C. Police Station Saddar Gujranwala. The main contention of learned counsel for the petitioner is that under Article 152 of Police Order, 2002, any person who files a complaint against the police, which on inquiry by the Police Complaints Authority is held frivolous or vexatious, shall be punished on conviction with imprisonment for six months, or with fine, which may extend to fifty thousand rupees, or with both. Arguments of learned counsel for the petitioner is that inquiry under Article 152 can be held only by Police Complaints Authority which is provided under Article 73 of Police Order, 2002; therefore, the basis of registration of the impugned F.I.R. is without jurisdiction and act of the respondent is coram non judice. On the last date of hearing, learned Additional Advocate-General, Punjab was directed to prepare the report and also seek instructions. The report shows that the matter was never referred to the Police Complaints Authority; it was directly entertained by the D.I.-G. and thereafter, it trickled down to the S.H.O. Police Station Saddar, Gujranwala. The learned Additional Advocate-General, Punjab, candidly conceded to the point of the learned counsel for the petitioner that apparently flaw is obvious in the proceedings taken by the respondents, in view of the provision of Article 152 to be read with Article 73 of Police Order, 2002. In view of the above discussion and foregoing reasons, F.I.R. No.266 of 2006, dated 12-6-2006, registered at Police Station Saddar, Gujranwala is quashed as the same was, registered without lawful authority; therefore, of no legal effect. The writ petition is allowed in the above terms. H.B.T./M-672/L Petition allowe