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MUMTAZ HUSSAIN versus THE STATE

ections Sections 9 and 14 (1) - Constitution of Pakistan, Article 199 - Termination of constitutional petition FLRR Authorization filing - The applicant was upset over the registration of the FLR against the intolerable establishment. Demands to abolish Ordinance, 2015, and FLR under the provisions of Punjab Security even though the challan was filed by the police trial court. - Police station station officer Pete was not eligible to file the FLR in question against the officer, it was under legal obligation to report the matter. The Committee, after verifying and satisfying the Inspection Reports received by any Station House Officer or Inspection Report, may issue a written warning to the Manager of the Petrol Station and, if the instruction is not followed within the stipulated time, the Committee shall Can give. The complete or partial sealing of the weak establishment petition was an invalid by the Station House Officer for registration of the FLR against the applicant. The challan was presented before the trial court and, after the presenting of the challan, hi The court refused to terminate the FLR using constitutional jurisdiction, as an alternative remedy was available to the accused by filing an application under section 249A / 265. CCPC here, where an illegal utility was clearly violated by an officer of a law enforcement agency, was not to prevent the intervention of the High Court - the High Court filed an FIR against the applicant Canceled for non-attendance under law - Constitutional application allowed [Page 891, 892] A&B

P L D 2017 Lahore 889

Before Asjad Javaid Ghural, J

MUMTAZ HUSSAIN—Petitioner

versus

THE STATE and 2 others—Respondents

Writ Petition No.l7013-Q of 2016, decided on 24th January, 2017.

Punjab Security of Vulnerable Establishments Ordinance (XIV of 2015)— 

—Ss. 9 & 14(1)— Constitution of Pakistan, Art. 199—Constitutional petition—Quashing of F.l.R.— Filing of of authority—Petitioner was aggrieved of registration of F.l.R. against him under the provisions of Punjab Security of Vulnerable Establishments Ordinance, 2015, and sought quashing of F.l.R. even though Challan had been filed by police Trial Court— — Station House Officer of Police Statiowas not competent to register F.l.R. in question against petHouse Officer was under legal obligation to report the matter to Committee, who after verifying and satisfying with inspection reports received from any source or inspection report of Station House Officer, could issue a written warning to the manager of petrol station and in case of non-compliance of direction within the stipulated period, the Committee could direct complete or partial sealing of the vulnerable establishment—Act committed by Station House Officer for registration of F.l.R. against petitioner was illegal, unwarranted and initio—Challan was submitted before Trial Court and normally after submission of Challan, High Court whiling exercising constitutional jurisdiction declined to quash F.l.R., as an alternate remedy was available to accused by filing application under S.249-A/265-K, Cr.P.C.—Where an illegal aft committed by an officer of Law Enforcing Agency was clearly in violation of the statute, interference by High Court was not circumvent—High Court quashed the FIR registered against petitioner as non-existent under law—Constitutional petition was allowed circumstances. [pp. 891, 892] A & B

James Joseph for Petitioner.

Malik Riaz Ahmed Saghla, Deputy Prosecutor General alone with Shabbir A.S.I. for the State.

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