Law: Constitution of Pakistan, 1973

Section: 13,199

Law: Mines Act, 1923

Section: 38,40

Law: Criminal Procedure Code (V of 1898)

Section: 403

Law: Pakistan Penal Code, 1860

Section: 322,427

Constitution of Pakistan, 1973-- ----Arts. 13 & 199--Pakistan Penal Code, 1860, Ss. 322, 427--Mines Act, 1923, Ss. 38 & 40--Criminal Procedure Code, 1898, S. 403--Quashment of FIR--Incident of land sliding--Lost of lines during mining operation only FIR under Sections 322 & 427 PPC has been registered which too is at investigation case and even no challan has been put in Court--Record is also silent regarding initiation of any action under Mines Act--Hence, prosecution of present petitioner is yet to commence under impugned Sections of law, therefore contentions of petitioner are unfounded--Petition was dismissed. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.- Through the instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Ghufran Shah the petitioner seeks the constitutional jurisdiction of this Court with the following prayer:-- "It is, therefore, most humbly prayed that on acceptance of the instant writ petition, the FIR No. 1479 dated 20.10.2018 under Sections 322/427, PPC of Police Station Daggar may kindly be cancelled/quashed and the proceedings hereinafter if made be declared illegal and without lawful authority. Any other remedy which deems fit by this Hon'ble Court in the interest of justice, may also be granted in favour of the petitioner.'' 2. It is averred in the petition that a firm namely M/S Sarhad Mining Company is a lease holder of mine at Hisar Tangay, District Buner. On 20.10.2018, during mining operation, an incident of sliding has taken place due to which two persons had lost their lives. The local police thus registered the impugned FIR, wherein the present petitioner was charged under Section 322 read with 427, PPC. The petitioner being aggrieved of the registration of the said FIR has approached this Court through the instant writ petition. 3. Arguments heard and record of the case was perused. 4. Learned counsel appearing on behalf of the petitioner has challenged the registration of FIR by arguing that the alleged incident, whereby two persons have lost their lives is punishable under Sections 38 & 40 of the Mines Act, 1923 (`the Act'). Therefore, registration of the…

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