Citation Name: 2023 YLR 1288 PESHAWAR-HIGH-COURTBookmark this Case BADSHAH JAN WAZEER vs State art — 2023 YLR 1288 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 1288 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 1288 PESHAWAR-HIGH-COURTBookmark this Case BADSHAH JAN WAZEER vs State art
Subject matter: Criminal
Provisions referred to: S. 188

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 YLR 1288 PESHAWAR-HIGH-COURTBookmark this Case BADSHAH JAN WAZEER VS State art. 199---Constitutional petition---Quashing of FIR---Scope---Petitioner sought quashing of FIR registered against him under S. 188, P.P.C.---assistant Commissioner had concealed about the fact of any office order which had been violated---Even timings when he had gone for visit/checking of the house of the petitioner at 17:40 hours was beyond understanding as to how in mountainous region, any such construction was underway at dark odd hours---If at all any renovation work was in progress in the house of the petitioner, it was never the violation of any office order of the Deputy Commissioner---Mere renovation in the house of petitioner did not constitute construction as prohibited in the said office order and was permissible, for which no "NOC" was required of the concerned authorities---FIR had no legal value on the ground that lodger of the FIR was an assistant Commissioner, complaining of violation of the orders of Deputy Commissioner, to whom he was subordinate and was not competent to register the same---No offence within the meaning of S. 188, P.P.C. was made out---Constitutional petition was allowed and the FIR was quashed.

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