Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 365B

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Locus standi of petitioner---For initiation of proceedings under Art.199 of the Constitution it was sine qua non that the petitioner should have locus standi, i.e. petitioner should be an aggrieved party from the impugned action. Mian Fazal Din v. Lahore Improvement Trust, Lahore PLD 1969 SC 223 and Dr. Imran Khattak and another v. Ms. Sofia Waqar Khattak, PSO To Chief Justice and others 2014 SCMR 122 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Penal Code (XLV of 1860), S.365-B---Constitution of Pakistan, Art. 199---Constitutional jurisdiction of the High Court---Scope---Quashing of FIR---'Aggrieved person'---Whether an abductee or prosecution witness of an FIR could seek quashing of FIR in Constitutional jurisdiction of the High Court---Held, that petitioner (abductee) or any witness of the FIR, could not be termed as "aggrieved party" as by no stretch of imagination it could be said that any of their Fundamental Rights were infringed by registration of FIR; or that they had suffered any loss; or that they had been wrongfully deprived or refused something which they were legally entitled to, or any restriction had been imposed upon them---Abductee/witness did not fall within the definition of "aggrieved party" to maintain a writ petition to seek quashing of FIR---Office objection regarding maintainability of Constitutional petition was upheld in circumstances. THIS ORDER PASSED BY: CH.ABDUL AZIZ, JUSTICE---.--- Mst. Nazia (petitioner) who is an abductee of case FIR No.565/2018 registered under section 365-B, P.P.C. at Police Station Ferozewala, District Sheikhupura, through the instant writ petition has sought quashing of said FIR on multifarious grounds, but the office has raised objection on maintainability of constitutional petition for quashing of FIR, by an abductee/witness. This is the precise question before us. 2. We have heard the respective arguments of learned counsel for the parties. 3. Although the jurisdiction of this court under Article 199 of the Constitution in the matters relating to quashing of FIRs, is almost settled, but leaving that…

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