livelawpk.com - In a significant ruling, the Islamabad High Court has quashe

The Islamabad High Court Ordered the Quashing of the FIR and Directed the Police to Initiate Proceedings u/s 182 PPC against the Complainant for providing False Information

5 months, 1 week
210

The Islamabad High Court Ordered the Quashing of the FIR and Directed the Police to Initiate Proceedings u/s 182 PPC against the Complainant for providing False Information

Islamabad 10-07-2024: In a significant ruling, the Islamabad High Court has quashed the First Information Report (FIR) registered against the petitioner under Section 294 of the Pakistan Penal Code (PPC). The FIR, dated August 3, 2021, was registered at Police Station Koral, Islamabad, on allegations of obscene acts in public.

The petition filed by the petitioner sought the quashing of FIR No. 689, arguing that the allegations were baseless and the FIR was illegal. The petitioner's legal team, comprising M/s Muzammil Hasan Bukhari, Suleman A. Zeb, and Hadi Ali Chattha, contended that there was no evidence to support the claims made against Mannan. They described the FIR as false, frivolous, and void.

Conversely, the State Counsel, supported by Khawaja Shahid Rasool representing respondent No. 3, maintained that there was sufficient evidence against Mannan, justifying the FIR's registration.

The case stemmed from a complaint lodged by Rashid Malik, Chairman Tehreek-e-Islamabad, who reported to the police that a boy and girl were seen dancing naked in front of a picture of Quaid-e-Azam Muhammad Ali Jinnah at Koral Chowk, Islamabad. This complaint led to the FIR under Section 294 PPC, which pertains to obscene acts and songs.

During the proceedings, the Court found several discrepancies in the complaint and the subsequent investigation. Notably, no evidence of the alleged naked pictures was found on social media. Furthermore, the Court noted that the complainant failed to establish the legal status of Tehreek-e-Islamabad or his position as its chairman.

The Court examined the definition of "obscene" within the context of Section 294 PPC and concluded that the alleged acts did not meet the legal criteria for obscenity. Additionally, the investigation revealed no eye-witnesses or forensic evidence to support the claims, and no date or time for the alleged incident was provided.

In its decision, the Islamabad High Court ruled that the FIR was filed with malafide intent and lacked jurisdiction. The Court ordered the quashing of the FIR and directed the police to initiate proceedings under Section 182 PPC against the complainant for providing false information. The Court instructed that a Qalandara under Section 182 PPC be submitted to the competent Court within seven days and mandated the concerned magistrate to decide the matter within thirty days.

This ruling underscores the Court's commitment to upholding justice and protecting individuals from wrongful accusations and the misuse of legal provisions.