MUBASHAR AHMED vs S.H.O., POLICE STATION SADDAR, GUJRANWALA and 4
This petition seeks the quashment of F.I.R. No. 266 of 2006, registered under Article 152 of the Police Order, 2002, read with Section 109 and Section 34 of the Pakistan Penal Code 1860. The core legal question was whether an F.I.R. for filing a frivolous or vexatious complaint against the police could be registered without an inquiry conducted by the Police Complaints Authority as mandated by the Police Order, 2002. The petitioner contended that the registration of the F.I.R. was without jurisdiction because the mandatory inquiry process under Article 73 of the Police Order, 2002, was bypassed. The court held that the registration of the F.I.R. was indeed flawed and coram non judice, as the matter was never referred to the Police Complaints Authority, which is the sole body authorized to conduct such inquiries. Consequently, the court quashed the F.I.R., establishing the principle that criminal proceedings under Article 152 of the Police Order, 2002, cannot be initiated without the prerequisite inquiry by the Police Complaints Authority.
- Can an F.I.R. under Article 152 of the Police Order, 2002 be registered without an inquiry by the Police Complaints Authority?
- Is an F.I.R. registered without the mandatory inquiry by the Police Complaints Authority considered coram non judice?
- Does the Police Complaints Authority have the exclusive jurisdiction to determine if a complaint against the police is frivolous or vexatious under the Police Order, 2002?
- Article 152, Police Order 2002
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Article 73, Police Order 2002
ORDER
1. ' SYED SHABBAR RAZA RIZVI, J.--- 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, P.P.C. Police Station Saddar Gujranwala.
2. ' 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.
3. 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 of the impugned F.I.R. Is without jurisdiction and act of the respondent is coram non judice.
4. ' On the last date of hearing, learned Additional Advocate-General, Punjab was directed to prepare the report and also seek instructions. The report shows that the matter was never referred to the Police Complaints Authority; it was directly entertained by the D.I.-G. And thereafter, it trickled down to the S.H.O. Police Station Saddar, Gujranwala. The learned Additional Advocate-General, Punjab, candidly conceded to the point of the learned counsel for the petitioner that apparently flaw is obvious in the proceedings taken by the respondents, in view of the provision of Article 152 to be read with Article 73 of Police Order, 2002.
5. ' In view of the above discussion and foregoing reasons, F.I.R. No,266 of 2006, dated 12-6-2006, registered at Police Station Saddar, Gujranwala is quashed as the same was registered without
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