Case Details

Citation(s)
2020 SLG 1586 2020 SLD 1586 2020 PCrLJ 1201
Lahore High Court
Writ Petition No. 32222-Q of 2019, decision Dated: 16-03-2020
ANWAARUL HAQ PANNUN, JUSTICE
Sheraz Zaka for Petitioner. Pervaiz Iqbal Gondal, Additional, A.G. and Rasheed, SI with record for
Respondents.

SHAHID IQBAL AND OTHERS

VS

STATION HOUSE OFFICER AND OTHERS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 173, 154, 249-A & 265-K---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of FIR after Trial Court had taken cognizance of the offence and after filing of report under S. 173, Cr.P.C.---Legality sought quashment of FIR against him, even though report under S. 173, Cr.P.C. had been submitted before court of competent jurisdiction---Validity---When report under S. 173, Cr.P.C. had been submitted before court of competent jurisdiction, then FIR could not be quashed and petitioner/accused could agitate his grievances by way of filing of appropriate application before Trial Court under relevant laws---Constitutional petition was disposed of, accordingly. Dr. Syed Iqbal Raza and others v. Justice of Peace Islamabad and others 2019 CLD 642 and Director General, FIA and others v. Kamran Iqbal and others 2016 SCMR 447 ref. Muhammad Abbasi v. SHO, Bhara Kahu and 7 others PLD 2010 SC 969 and Director-General, Anti-Corruption Establishment, Lahore and others v. Muhammad Akram Khan and others PLD 2013 SC 401 rel. THIS ORDER PASSED BY: ANWAARUL HAQ PANNUN, JUSTICE:---.--- Learned counsel for the petitioner seeks quashing of FIR inter alia mainly on the ground that under section 12(xix) read with section 39 of the Intellectual Property Organization of Pakistan Act, 2012, being Special Law, police was not competent either to lodge FIR or to investigate the matter under Ordinary Law. In order to elaborate his arguments, learned counsel has relied upon case titled Dr. Syed Iqbal Raza and others v. Justice of Peace, Islamabad and others (CLD 2019 Islamabad 642) and…
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