Case Details

Citation(s)
2007 SLG 2997 2007 SLD 2997 2007 PLJ 270
Lahore High Court
W.P. No. 8069 of 2005, decided on 16.11.2006.
SYED SHABBAR RAZA RIZVI, J.
Mr. Muhammad Irfan Malik, Advocate for Petitioner. Ch. Khurshid Anwar Bhindar, Addl. A.G. for
Respondents.

MUBASHAR AHMED

VS

S.H.O., POLICE STATION SADDAR GUJRANWALA and 4 others--Respondents

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 561-A--Police Order 2002--Arts. 152 & 73--Pakistan Penal Code (XLV of 1860)--Ss. 109 & 34--Quashing of F.I.R--Complaint against police--Inquiry under Art. 152 can be held only by Police Complaints Authority which is provided under Art. 73 of Police Order 2002, therefore, basis of registration of FIR was without jurisdiction and act of respondent was corum non-judice--Petition allowed. Order The petitioner seeks quashment of F.I.R No. 266 of 2006 dated 12.6.2006 registered under Article 152 of Police Order 2002 to be read with Section 109/34 PPC, P.S. Saddar Gujranwala. The main contention of learned counsel for the petitioner is that under Article 152 of Police Order, 2002, any person who files a complaint against the police, which on inquiry by the Police Complaints Authority is held frivolous or vexatious, shall be punished on conviction with imprisonment for six months, or with fine, which may extend to fifty thousand rupees, or with both. Arguments of learned counsel for the petitioner is that inquiry under Article 152 can be held only by Police Complaints Authority which is provided under Article 73 of Police Order, 2002; therefore, the basis of registration…
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