IN THE LAHORE HIGH COURT, LAHORE.

W.P.No. ____________/2022
Shamsa Inam wife of Chaudhry Inam Ullah resident of House
No.205, Mohallah Block-S, Model Town Extension, Lahore.

PETITIONER
VERSUS

1. SHO Police Station, Liaqat Abad, Lahore.

2. I.O of the case, P.S Liaqat Abad, Lahore.
3. Shaheen Ali son of Riaz Ahmad resident of Kashmiri Mohallah,
Near Muzammil Masjid, Kot Lakhpat, Lahore.
4. State.
RESPONDENTS

WRIT PETITION
UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF

PAKISTAN, 1973 READ WITH SECTION 561-A CR.P.C. FOR THE

QUASHMENT OF CASE FIR NO.2510/22 DATED: 09.09.2022 OFFENCE

U/S 322, 420 PPC POLICE STATION LIAQAT ABAD, LAHORE, BEING

UNLAWFUL, ULTRA VIRES AND WITHOUT JURISDICTION.

***
Respectfully Sheweth:-
 2

1. That the addresses of the parties have correctly been given in the

head note of this petition for proper service of process of the

Honorable Court.

2. That the concise facts giving rise to file the instant petition are

that the respondent No.3 lodged the above said false criminal

case against the petitioner, alleging therein that the wife of the

complainant died due to negligence and maltreatment. That the

respondent no.4 lodged the above said FIR with unexplained

delay, with mala fide intention and by suppressing and distorting

the actual and true facts. For detailed prosecution story, copy of

impugned FIR is attached as ANNEXURE-A.

3. That after lodging the FIR the complainant filed an application

that he did not want to get post mortem conducted and did not

want to proceed against anyone which was allowed and post-

mortem of the deceased was not conducted. That the other legal

heirs also filed their affidavits in this regard that the deceased

was not killed by anyone and that they do not want to proceed

against anyone. Copies of affidavits are attached herewith for

kind perusal of the honorable court as Annexure-B.

4. That the petitioner was arrested in the above titled case and was

granted post arrest bail in the above titled case by the learned

judicial magistrate vide order dated: 10.09.2022. Copy of the bail

 3

petition and order dated: 10.09.2022 is attached herewith as

Annexure-C.

5. That the petitioner approached the respondent No.1 & 2,

deposed accordingly and requested them to cancel/quash the

impugned FIR as it amount to sheer abuse of the process of law

and without jurisdiction, but they without jurisdiction threatened

the petitioner and did not cancel the impugned FIR, hence this

petition.

6. That now the petitioner has approached this Honourable Court

with the prayer to quash the above FIR, being unlawful, ultra vies

and without jurisdiction inter-alia on the following :-

GROUNDS

a) That the operation was conducted by qualified medical team with

due care and caution and it was very unfortunate that the

deceased’s life could not be saved, due to complexity. That there

was no negligence on part of medical team. That the petitioner

runs the administration of the clinic.

b) That the complainant and other legal heirs of the deceased filed

affidavits that they do not want to proceed with the case and

that the deceased was not killed by anyone, but the respondent

No.1 & 2 with mala fide intention are not ready to cancel the

impugned FIR.

c) That the FIR is ex-facie without jurisdiction and continuation of

the same constitutes abuse of the process of court. That the

 4

impugned FIR could not have been lodged without proper inquiry

conducted by Punjab Health Care Commission or other

competent forum and without their finding the accused persons

guilty of negligence and maltreatment. That neither such an

inquiry was conducted nor post mortem of the deceased was

conducted so, the impugned FIR is without jurisdiction which is

liable to be quashed.

d) That the section 4(2)(e),19,23 and 29 of the Punjab health Care

Commission Act, 2010 provide that investigation into

maladministration, malpractice and other matters shall be

conducted by PHC and that no suit, prosecution or other legal

proceedings related to provision of health care services shall lie

against a health care service provider except under PHC Act,

2010.

e) That the special enactments prevail over the general ones and in

this case in presence of special law to deal with the cases of

medical negligence, no criminal proceedings could have been

initiated against the petitioner and others. Reliance is placed on

2011 CLC 463.

f) That the FIR has been lodged after planting a concocted story. No

such occurrence ever took place.

g) That the entire story couched in the impugned FIR regarding

alleged occurrence is totally false, frivolous and concocted one.

 5

h) That it is well settled proposition of law that the proceedings

based on mala fide and without jurisdiction can be quashed at

any stage. The impugned FIR is also based on mala fide and is

without jurisdiction and after filing of affidavits by the

complainant and other legal heirs of the deceased there is no

ground to proceed further with the impugned FIR.

i) That if the impugned FIR is not quashed, the petitioner shall be

bound to suffer with an irreparable loss and substantial injury.

j) That the petitioner has no other adequate remedy except to

invoke the extra ordinary constitutional jurisdiction of this

Honourable Court to redress his grievance, hence this petition.

PRAYER:-

In the circumstances expounded above, it is, therefore,

most respectfully prayed that in the light of the decisions

of the superior courts of the country , the impugned FIR

NO.2510/22 dated 09.09.2022 offence u/s 322, 420 PPC

registered at Police station Liaqat Abad, Lahore, may kindly

be directed to be quashed being unlawful, ultra vires and

without jurisdiction.

Any other relief which this Honourable court deems

fit and proper may also be granted to the petitioner.

PETITIONER
 6

Through:

FARRUKH AMIN RANA MOHSIN QAMAR

RANA
Advocate High Court, Advocate High Court,
CNIC No.34502-0942798-3 CNIC NO.34102-0694966-3
Cell:0321-4111767 Cell:0345-2112900

Dated:12.10.2022
CERTIFICATE:
1. As per instructions this is first petition on the subject before this
Honourable court.
2. There is no adequate and speedy remedy available to the
petitioner except to invoke the constitutional jurisdiction of Honourable
Court.

ADVOCATE
 7

IN THE LAHORE HIGH COURT, LAHORE

W.P.No. ____________/2022
Shamsa Inam…..VS…. SHO P.S Liaqat Abad, Lahore etc.

AFFIDAVIT:

Of Shamsa Inam wife of Chaudhry Inam Ullah resident of House

No.205, Mohallah Block-S, Model Town Extension, Lahore.

**

I, the above named deponent do hereby solemnly affirm

and declare as under :-
1. That the contents of accompanied writ petition may kindly be

read as part of this affidavit.

2. That the contents of accompanying writ petition are correct and

true to the best of my knowledge and belief and nothing has been

concealed there in.

DEPONENT

VERIFICATION:

Verified on oath at Lahore on 12.10.2022 that the

contents of this affidavit are correct and true to the best of my
knowledge and belief.

DEPONENT
 IN THE LAHORE HIGH COURT, LAHORE.

W.P.No. /2022

Shamsa Inam….. VS….. SHO P.S Liaqatabad etc.

INDEX
Sr.No. DESCRIPTION OF DOCUMENTS Pages

1 Writ Petition along with affidavit 1-7

2 Annexure-A (Copy of FIR) 8

3 Annexure-B (Copy of affidavits) 9-10

4 Annexure-C (Copy of bail petition and order 11-13

dated:10.09.2022)

Power Of Attorney

PETITIONER
Through

FARRUKH AMIN RANA

Advocate high Court
Cell No.0321.4111767
CNIC NO.34502-0942798-3
Office:5-Link Fareed Kot Road, Lahore.

Dated:12.10.2022