Law: Constitution of Pakistan, 1973

Section: 170,199,199(1)

Law: Pakistan Penal Code, 1860

Section: 365B

Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860), S. 365(b)--Constitutional Petition--Lodging of FIR--Abductee of--Quashing of FIR--Office objection--Maintainability--Jurisdiction Initiation of proceedings--Aggrieved party--There can be no difference of opinion that jurisdiction of this Court is conceived and regulated through Article 199 of Constitution of Islamic Republic of Pakistan, 1973 and it is sine qua non for initiation of proceedings under Article 199 of Constitution that petitioner should have a locus standi to institute proceedings or in other words petitioner should be an aggrieved party from impugned action--Petitioner (abductee) or any witness of FIR, cannot be termed as "aggrieved party" as by no stretch of imagination it can be said that any of their fundamental right is infringed by registration of FIR; they have suffered any loss; they have been wrongfully deprived or refused something which they were legally entitled to, or any restriction has been imposed upon them--Consequently, we hold that abductee/witness do not fall within definition of "aggrieved party" to maintain a writ petition to seek quashing of FIR--Petition was dismissed. PLD 1969 SC 223, 2014 SCMR 122 & PLD 2007 SC 52, ref. 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, PPC 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 aspect aside, we would confine ourselves to the legal question (objection) before us. There can be no difference of opinion that jurisdiction of this Court is conceived and regulated through Article 199 of the Constitution of…

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