Law: Pakistan Penal Code, 1860

Section: 188

Law: Punjab Infectious Diseases (Prevention and Control) Act, 2020

Section: 28(A)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 188--Punjab Prevention ,  Control of Dengue (Temporary) Regulations, 2021, Regln. 15--Quashment of FIR--Non positive report of specimen of water--No notice was issued to petitioner--Non-fulfilling of requirements of law--Non-observance of protocol regarding presence of larva have not been able to show any positive report of specimen of water allegedly collected from premises of petitioner suggesting that it contain Larva causing Dengue--Police file does not reveal that requirements of law have been fulfilled--Perusal of police file further reveals basis of report under Section 173, Cr.P.C. is only certificate issued by Entomologist, Ravi Zone, Lahore after last zimni No. 5 dated 10.10.2021 was written which cannot be equated with report showing observance of protocol by recognized laboratory to draw a conclusive inference about presence of larva in specimen--Registration of FIR is nothing but abuse process of law-- FIR, cannot sustain in eyes of law--Submission of challan in Court of law of a case which has inherent efficiency cannot be carried out--Petition allowed. Punjab Infectious Diseases (Prevention and Control) Act, 2020 (XIII of 2020)-- ----S. 28(A)--Responsibility of owners or occupiers of premises--Owners or occupiers of premises will be responsible to remove of dispose of open tins, bottles, boxes, tyres or any other container capable of holding water which maintain in good repair in a container of water to prevent breeding of mosquitoes, remove debris another type of vegetation other than grown for fruit purpose or ornamental value. Punjab Prevention ,  Control of Dengue (Temporary) Regulations, 2021-- ----Regln. 4--Medical Officer or an Officer notified by Deputy Commissioner will be required to spray any pond, cistern, fountain or any other place with a notice to owner. ORDER Through this constitutional petition, the petitioner seeks quashing of FIR No. 1357/2021, dated 01.10.2021, under Section 188 PPC read with Section 15 of the Punjab Prevention , Control of Dengue (Temporary) Regulations, 2021, .registered at police station Larri Adda, District Lahore on the allegation that the…

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