Shahid Iqbal and others vs Station House Officer and others
This constitutional petition was filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, seeking the quashing of an FIR. The petitioner contended that under Section 12(xix) read with Section 39 of the Intellectual Property Organization of Pakistan Act, 2012, the police lacked the competency to lodge an FIR or investigate the matter, as it is a special law. The petitioner argued that the police action constituted an abuse of the process of law. The State, however, informed the court that a report under Section 173 of the Code of Criminal Procedure 1898 had already been submitted to the court of competent jurisdiction for trial. Relying on Supreme Court precedents, the High Court held that since the challan had been submitted and the matter was pending before the trial court, the constitutional petition had lost its relevance. The petition was disposed of with the direction that the petitioner may agitate their grievances before the trial court, which is mandated to decide such applications in accordance with the law before proceeding further.
- Can a constitutional petition for the quashing of an FIR be maintained after the submission of a report under Section 173 of the Code of Criminal Procedure 1898?
- Is the police competent to investigate matters governed by the Intellectual Property Organization of Pakistan Act, 2012?
- Does the trial court have the authority to address grievances regarding the legality of an FIR once a report under Section 173 of the Code of Criminal Procedure 1898 has been submitted?
- Section 12(xix), Intellectual Property Organization of Pakistan Act, 2012
- Section 39, Intellectual Property Organization of Pakistan Act, 2012
- Article 199, Constitution of Islamic Republic of Pakistan, 1973
- Section 173, Code of Criminal Procedure 1898
ORDER
ANW AARUL HAQ PANNUN, J.---Learned counsel for the petitioner seeks quashing of FIR inter alia mainly on the ground that under section 12(xix) read with section 39 of the Intellectual Property Organization of Pakistan Act, 2012, being Special Law, police was not competent either to lodge FIR or to investigate the matter under Ordinary Law. In order to elaborate his arguments, learned counsel has relied upon case titled Dr. Syed Iqbal Raza and others v. Justice of Peace, Islamabad and others (CLD 2019 Islamabad 642) and case titled Director General, FIA and others v. Kamran Iqbal and others (2016 SCMR 447) contends that superior courts have ample jurisdiction to quash the abuse of process of law while exercising extra ordinary jurisdiction under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and has thus prayed for acceptance of instant constitutional petition.
2. Conversely , it has been apprised by the learned Law Officer after consulting record that report under section 173, Cr.P.C. has been submitted before the court of competent jurisdiction for trial on 30.09.2019, therefore, in view of the dictums of law laid down by the august Supreme Court of Pakistan in the reported cases of Muhammad Abbasi v. SHO, Bhara Kahu and 7 other s (PLD 2010 Supreme Court 969) and Director-General, Anti-Corruption Establishment, Lahore and others v. Muhammad Akram Khan and others (PLD 2013 Supreme Court 401), the petition in hand has lost its relevance. Resultantly , the petition in hand is dispos ed of with the observation and expectations that in case the petitioner agitates his grievances by way of filing of an appropriate application before the court of competent jurisdiction under the relevant law for the relief prayed for through this petition, learned trial court shall decide the same before proceeding further , in accordance with law .