2003 PLP 3113 (YLR)

‑‑‑‑Art.199‑‑‑Penal Code (XLV of 1860), Ss.420/468/471/381‑A‑‑‑Constitutional peti tion ‑‑‑Quashing of F.I.R.‑‑‑Main contention for quashing of F. I. R. raised by the petitioner was that after promulgation of Punjab Anti Corruption Establishment Rules, 1985, which, was a special law, registration of criminal case with local police station was illegal and unlawful and was liable to be quashed and that special law would override the general law‑‑‑Validity‑‑Local Police was authorised to register a case against a civil servant and could investigate the same despite enforcement of Punjab Anti‑Corruption Establishment Rules, 1985‑‑‑Rules framed by Executive Authorities, would not prevail over the general law‑‑‑Constitutional petition was dismissed, in circumstances. Mirza Muhammad Iqbal v. Government of, Punjab Civil Appeal No. 1757‑L of 1998; 2000 PCr.LJ 1995 and PLD 1999 Lah. 109 ref. N.A. Butt for Petitioner. Through this Constitutional petition under Article 199 of the Constitution the petitioner seeks quashment of F.I,R. No.392 of 2001, dated 14‑9‑2001 under sections 420/ 468/471/381‑A, P.P.C. at Police Station Saddar, Sheikhupura on the statement of Pervez Asghar.

2. Brief facts of the case are that the petitioner is Sub‑Inspector in the Police Department and had been investigating the case fairly and honestly. The above mentioned case was registered against him and other accused and certain allegations were levelled through an application of respondent No.3 and on that application an inquiry was conducted by S.S.P. and as result of inquiry the said F.I.R. has been lodged.

3. The main contention of the learned counsel for petitioner for quashment of the said F.I.R. is that after promulgation of the Punjab Anti‑Corruption Establishment Rules, 1985, which is Special Law, registration of I criminal, case with the local police station is illegal and unlawful and is liable to be quashed. It is further contended that the Special law will override the‑general law. The learned counsel has placed reliance on a decision of Honourable Supreme Court passed in Civil Appeal No. 1757‑L of 19981 titled Mirza Muhammad Iqbal v. Government of Punjab.

4. I have heard the learned counsel for petitioner at length and perused the documents attached with this petition. A Division Bench of this Court in case reported as 2000 PCr.LJ 1995 has held that the local police is authorized to register a case against a civil servant and can investigate the same in spite of Enforcement of Anti‑Corruption Establishment Rules. 1985. This Court in case reported as PLD 1999 Lahore 109 has already held that the Rules framed by the Executive Authorities will not prevail over the general law and has declared that the investigation can be conducted by the local police against civil servant. The case cited by the learned counsel for petitioner is not a case decided by Honourable Supreme Court as the order was passed on the concessional statement of the learned A.‑G., Punjab and cannot be a precedent for quashment of every F.I.R. registered by the local police against a civil servant. This petition has no merit. It is dismissed as such, in limine. H.B.T./A‑868/L Petition dismissed.