Omer Nazeer vs State Ss — 2025 MLD 724 LAHORE-HIGH-COURT-LAHORE

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Omer Nazeer VS State Ss. 561-a & 154---Pakistan Telecommunication (Re-organization) act (XVII of 1996), Ss.31(1)(a), 31(6) & 58---Penal Code (XLV of 1898), Ss. 419 & 420---Inherent power of High Court---Quashing of FIR or investigation of criminal case---Scope---Complainant lodged FIR alleging fraud and misrepresentation in transfer of SIM and the petitioner along with others were nominated as accused in the said FIR---Petitioner contended that subject matter of FIR required investigation and adjudication by Pakistan Telecommunication authority only and in such like cases FIR was barred under such law---Validity---Complete and comprehensive mechanism given in the Pakistan Telecommunication (Re-organization) act, 1996, has been followed while processing the case of the respondent/complainant of FIR---Change of ownership of SIM is regulated under R.12 of Subscriber antecedents Verification Regulations, 2015 which authorizes the operators to change the ownership of SIMs if any breach of such regulation is found; such breach is punishable under S.31(1)(a) of the Pakistan Telecommunication (Re-organization) act, 1996 and under S.31(6) of said act---If any such violation is committed by a company, every Executive Director, Chief Executive, Principal Officer and Secretary of such Company could be prosecuted in accordance with the provision of Cr.P.C---There is a difference between registration of FIR and taking cognizance; yet FIR could only be registered in cognizable offence and the Pakistan Telecommunication (Re-organization) act, 1996, does not carry any provision which could label any such act as cognizable offence---as per S.5, Cr.P.C, if the procedure is not given in any special law then one prescribed under Cr.P.C shall be followed---according to Second Schedule of Cr.P.C if an offence was punishable with imprisonment for one year and upward but less than three years, the offence shall be non-cognizable, therefore, on that score FIR for offences under Pakistan Telecommunication (Re-organization) act, 1996, could not be registered---Pakistan Telecommunication (Re-organization) act, 1996, being special law has an overriding effect as per S.58 of said act---Thus, it is to be given space and alleged corresponding sections in P.P.C could not be stretched for registration of FIR, therefore, very registration of FIR was false owing to mistake of law and the Court in its constitutional jurisdiction could quash the same---In such state of affairs, constitutional petition was allowed and FIR was quashed.

Omer Nazeer vs State Ss — 2025 MLD 724 LAHORE-HIGH-COURT-LAHORE

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