USMAN SHAHID vs GOVERNMENT OF PUNJAB S — 2022 PCrLJ 195 LAHORE-HIGH-COURT-LAHORE

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USMAN SHAHID VS GOVERNMENT OF PUNJAB S. 28-a---Penal Code (XLV of 1860) S. 188---Punjab Prevention and Control of Dengue (Temporary) Regulations, 2021, Reglns. 3, 15 & 5---Constitution of Pakistan, art. 199---Constitutional petition----Quashing of FIR---Prevention and control of dengue---Registration of FIR by Dengue Control Teams against owners/occupiers of premises found to be in violation of dengue control regulations----Mandatory procedure before initiation of criminal proceedings---Scope---Petitioner sought quashing of FIR lodged against it under S. 188, P.P.C. read with Regln. 15 of Punjab Prevention and Control of Dengue (Temporary) Regulations 2021, after Provincial Government Dengue Control team inspected premises of petitioner and allegedly found dengue mosquitos at such premises---Contention of petitioner, inter alia, was that FIR was motivated by intention to blackmail petitioner and to obtain illegal gratification ---Validity--- Record showed that authorities had not been able to show any positive report of specimen of water allegedly collected from premises of petitioner and it was not shown that the Provincial Government authorities had made any effort to spray disinfectant on any pond, fountain or place of petitioner with notice to owner as required by Punjab Prevention and Control of Dengue (Temporary) Regulations 2021---No notice as required under Punjab Prevention and Control of Dengue (Temporary) Regulations 2021 was issued to petitioner to take appropriate measures as per the Standard Operating Procedures for dengue control---In order to initiate criminal proceedings, the specific procedure required issuance of notice, site inspection, taking of specimen and getting report of laboratory and such requirements had not been fulfilled in the present case---First Information Report was therefore nothing but abuse of process of law and could not be sustained, and was quashed---Constitutional petition was allowed, accordingly.

USMAN SHAHID vs GOVERNMENT OF PUNJAB S — 2022 PCrLJ 195 LAHORE-HIGH-COURT-LAHORE

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