Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Quashing of FIR---Scope---Petitioner sought quashing of FIR registered against him under S. 188, P.P.C.---Assistant Commissioner had concealed about the fact of any office order which had been violated---Even timings when he had gone for visit/checking of the house of the petitioner at 17:40 hours was beyond understanding as to how in mountainous region, any such construction was underway at dark odd hours---If at all any renovation work was in progress in the house of the petitioner, it was never the violation of any office order of the Deputy Commissioner---Mere renovation in the house of petitioner did not constitute construction as prohibited in the said office order and was permissible, for which no "NOC" was required of the concerned authorities---FIR had no legal value on the ground that lodger of the FIR was an Assistant Commissioner, complaining of violation of the orders of Deputy Commissioner, to whom he was subordinate and was not competent to register the same---No offence within the meaning of S. 188, P.P.C. was made out---Constitutional petition was allowed and the FIR was quashed. Dr. Muhammad Ibrahim Khan and 2 others v. The State 2001 YLR 566 and Malik Muhammad Ayoob Awan v. Akhtar Lodhi, S.H.O Police Station Shahrah-e-Faisal Karachi and 2 others 2001 PCr.LJ 1196 ref. Ghulam Rasool and 3 others v. The State 1998 PCr.LJ 584 rel. JUDGMENT MOHAMMAD IBRAHIM KHAN, J.---The petitioner Badshah Jan Wazeer, is a Pakistani born American medical doctor who is resident of House No. 272 Street No. 6 Sector F-10/3 Islamabad. He is booked in case FIR No. 182 dated 24.10.2021 under Section 188, P.P.C. of Police Station Khanpur, Tehsil and District Haripur. The complainant of this case is Noor-ul-Haq, Assistant Commissioner Khanpur. Reason as given in this petition is that he has been indicted on account of his money dispute and furnishing him the detail of expenses from Mr. Nazir Butt, a retired General, who had sold him landed property, out of which the petitioner has constructed a house, where he was carrying out some repairs and maintenance work within its boundaries. This got annoyed the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492