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Rameez Iqbal vs State art — 2025 PCrLJ 748 ISLAMABAD

Case information

Citation
2025 PCrLJ 748 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Rameez Iqbal vs State art
Subject matter
Criminal
Provisions referred to
S. 550; Criminal Procedure Code (V of 1898)

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

Rameez Iqbal VS State art.199(1)(a)(ii) --- Criminal Procedure Code (V of 1898), S.550 ---act of police---Power of High Court to declare acts of police as unlawful---Vehicle neither stolen property nor involved in any criminal case ---Vehicle impounded by the Police under S.550, Cr.P.C. --- Invoking constitutional jurisdiction of High Court --- Two step-brothers and their real mother were involved in litigation (including civil- suit);during its pendency, subject-vehicle was taken into possession (impounded ) by the Police under S.550, Cr.P.C.--- Validity---High Court can declare acts of the police officers to have been made without lawful authority and of no legal effect if they are found to be so and can also make any appropriate incidental or consequential order to effectuate its decision, such as quashing the FIR and investigation proceeding---In the present case, proceedings initiated by local police under S.550, Cr.P.C were violative of mandatory provisions, therefore, not legally sustainable --- Resultantly, while exercising powers vested in the High Court in terms of art.199 of the Constitution, proceedings initiated by the Police under S.550, Cr.P.C were quashed---as the main proceedings have since been declared to have been taken without lawful authority, subsequent proceedings, being its offshoot, would be treated alike, and were consequently set-aside---Subject-vehicle shall forthwith be handed over to respondent(step-brother of petitioner) as it was taken into possession from his custody--- Constitutional petition was disposed of accordingly.

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