| Citation(s) |
|---|
| 2026 SLD 3631 |
Islamabad High Court
W.P. No. 09/2026
Presented By: (KHADIM HUSSAIN SOOMRO) JUDGE
Petitioner by: M/s S. Naeem Bokhari and Nasir Mehmood, Advocates.
Respondents by: Mr. Sarfraz Rauf, AAG Mr. Naveed Raza Mughal, Advocate for complainant. Barrister Bilal Naseer, Advocate for CDA. Dr. Suleman, D.D. IHRA. Muhammad IHRA. Sharif Bandeshah, S.O Law IHRA. M. Afzal Khan Niazi, D.D. FIA. M. Riaz, AD (Law), FIA. Shams Gondal, S.I/SHO, FIA. Date of Hearing: 18.02. 2026
W.P. No. 09/2026
Presented By: (KHADIM HUSSAIN SOOMRO) JUDGE
Petitioner by: M/s S. Naeem Bokhari and Nasir Mehmood, Advocates.
Respondents by: Mr. Sarfraz Rauf, AAG Mr. Naveed Raza Mughal, Advocate for complainant. Barrister Bilal Naseer, Advocate for CDA. Dr. Suleman, D.D. IHRA. Muhammad IHRA. Sharif Bandeshah, S.O Law IHRA. M. Afzal Khan Niazi, D.D. FIA. M. Riaz, AD (Law), FIA. Shams Gondal, S.I/SHO, FIA. Date of Hearing: 18.02. 2026
Fazeela Abbasi
VERSUS
Federation of Pakistan, etc.
Law: Constitution of Pakistan 1973
Section: 199
Law: Pakistan Penal Code (PPC),1860
Section: 109, 201
Law: Islamabad Healthcare Regulation Act, 2018
Section: 29, 30, 32
Law: Islamabad Capital Territory Trust Act, 2020
Section: 2.1.7
Law: Code of Criminal Procedure, 1898
Section:
Case Summary The Islamabad High Court allowed the writ petition and quashed FIR No. 111/2025 registered against Dr. Fazeela Abbasi, holding that the allegations mainly related to regulatory violations under the Islamabad Healthcare Regulation Act, 2018 (IHRA) and CDA Building Control Regulations, 2020, which have their own statutory enforcement mechanisms. The Court held that a qualified medical practitioner cannot be prosecuted through an FIR for alleged licensing or registration violations when the special law requires proceedings through the competent regulatory authority. It further found that the allegations regarding spurious medicines and destruction of evidence under Section 201 PPC were vague, unsupported by specific recovery or material evidence, and failed to disclose the ingredients of any cognizable offence. Since the FIR did not reveal any cognizable offence on its face, continuation of criminal proceedings would amount to abuse of the process of law. Consequently, the FIR was quashed, while the petitioner was left free to seek legal remedies against the complainant and FIA officials. Tagline Qualified doctor's alleged regulatory violations cannot be converted into criminal prosecution through an FIR where the special statute provides a complaint-based regulatory mechanism. ORDER; KHADIM HUSSAIN SOOMRO, J: Through this writ petition, the petitioner seeks quashment of FIR No. 111, dated 18.12.2025, u/s 109/201 PPC & 14, 30 of IHRA, 2018, read with Section 5(2)47 PCA, 1947, PS FIA/ACC, Islamabad. 2. Brief facts stated in the aforesaid FIR, lodged on the complaint of Asad Ullah Khan are that consequent upon Enquiry No. 178/2025 conducted by Police Station FIA Corporate Crime Circle (CCC), Islamabad, it has been unequivocally established beyond reasonable doubt at this stage that accused Fazeela Abbasi d/o Mazhar Ali Abbasi, holder of CNIC No. 61101-5386574-6, has been systematically, deliberately, and criminally operating an illegal healthcare/ beauty clinic under the name and style of "DFA' by Dr. Fazeela Abbasi", located at House No. 02, Street No. 44, Sector F-8/1, Islamabad, in flagrant defiance…