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Search Results: Categories: Islamabad Capital Territory Building Control Regulations (1 found)
FAZEELA ABBASI VS FOP ETC
Citation: Pending
Case No: Writ Petition-9-2026
Judgment Date: 2026-03-06 00:00:00
Jurisdiction: Islamabad High Court
Judge: Justice Khadim Hussain Soomro
109 PPC154 CrPC156 CrPC201 PPCArticle 199Constitutional LawCriminal LawIslamabad Capital Territory Building Control RegulationsIslamabad Healthcare Regulation ActQuashment
Summary: (a) Constitution of Pakistan----
----Art.199---Quashment of FIR---Scope---Held, that High Court has constitutional jurisdiction to quash an FIR where registration or investigation is without lawful authority, but such power is to be exercised sparingly and only in exceptional circumstances---FIR may be quashed where, on the face of allegations, no cognizable offence is made out, or where criminal proceedings amount to misuse of legal authority and abuse of process.
Cited Cases:
• Ayesha Tayyab v. Station House Officer, Police Station Cantt., District Sialkot and others 2025 SCMR 1117
• FIA through Director General, FIA and others v. Syed Hamid Ali Shah and others PLD 2023 SC 265
(b) Criminal Procedure Code (V of 1898)----
----Ss.154 & 156---FIR---Cognizable offence---Test---Held, that FIR can be registered and investigation conducted only in respect of a cognizable offence---Court is to examine contents of FIR to determine whether allegations, taken at face value, disclose a cognizable offence; mere mention of penal sections is not determinative.
(c) Islamabad Healthcare Regulation Act (XX of 2018)----
----Ss.29, 30 & 32---Healthcare establishment without registration/licence---Qualified medical practitioner---Regulatory mechanism---Held, that alleged operation of a healthcare/beauty clinic without registration or licence falls primarily within the regulatory scheme of the Islamabad Healthcare Regulation Act, 2018---Contraventions are to be processed through inspection, inquiry, show-cause notice, hearing and complaint by the Authority, and not ordinarily through police-initiated FIR.
(d) Islamabad Healthcare Regulation Act (XX of 2018)----
----S.32---Cognizance by Court---Complaint by Authority---Held, that prosecution under the Islamabad Healthcare Regulation Act, 2018 is complaint-based and authority-driven; no Court assumes jurisdiction unless a written complaint is filed by the Authority---No FIR could be registered against a qualified doctor in contravention of the statutory mechanism provided by S.32.
(e) Islamabad Healthcare Regulation Act (XX of 2018)----
----S.30(3)---Quackery---Cognizable and non-bailable offence---Qualified practitioner distinguished---Held, that S.30(3) creates a specific aggravated offence of quackery by a person who does not qualify to be registered or licensed under the Act---The provision does not automatically apply to a qualified and registered medical practitioner alleged to have committed regulatory non-compliance such as operating without licence renewal or procedural authorization.
(f) Islamabad Healthcare Regulatory Authority Regulations, 2023----
----Regs.30 to 34---Inspection team---Powers of inspection---Hearing Committee---Opportunity of hearing---Held, that Regs.30 to 34 create a structured administrative mechanism for inspection, reporting, show-cause notice and hearing before adverse action---These provisions are regulatory and procedural in nature and do not by themselves create a standalone criminal offence warranting immediate registration of FIR.
(g) Islamabad Capital Territory Building Control Regulations, 2020----
----Reg.2.1.7---Residential premises---Home occupation by doctor/professional---Commercial use allegation---Held, that Reg.2.1.7 permits a residential house to be used by a resident professional, including a doctor, for home occupation subject to prior permission, limited use of space, preservation of residential character and annual charges---Breach of such condition, at best, entails civil or administrative consequences such as charges, fine, sealing or municipal action; it does not create a cognizable criminal offence.
(h) Criminal Law----
----Spurious/unregistered medicines---Vague allegation---Absence of specific recovery and regulatory determination---Held, that allegation of use/storage of unregistered, substandard or spurious medicines could not found a cognizable offence where FIR failed to identify any specific drug, batch number, manufacturer, expiry date, classification, recovery memo, laboratory analysis, DRAP determination, public complaint, injury or source of procurement.
(i) Pakistan Penal Code (XLV of 1860)----
----S.201---Causing disappearance of evidence---Ingredients---Held, that S.201 PPC requires prima facie material showing commission of an offence and deliberate disappearance of identifiable evidence with intent to screen an offender---Vague assertion that incriminating material was removed before raid, without identifying the article/document/medicine allegedly destroyed or concealed, does not satisfy foundational ingredients of S.201 PPC.
(j) Pakistan Penal Code (XLV of 1860)----
----S.109---Abetment---Regulatory non-compliance---Held, that abetment could not be inferred merely from allegations of operating a clinic or using residential premises for professional activity unless FIR disclosed specific acts of instigation, conspiracy or intentional aid relating to a cognizable offence.
(k) Prevention of Corruption Act (II of 1947)----
----S.5(2)---Illegal gratification/corruption---Regulatory fee amounts---Held, that where prescribed IHRA licence fee was Rs.10,000 and CDA home-occupation annual charges were Rs.50,000, and no material showed any specific demand, receipt or quantified illegal consideration, allegation of corruption/illegal gratification remained unsupported and could not sustain criminal proceedings.
(l) Criminal Law----
----Special statute providing complete mechanism---Criminal prosecution through FIR---Held, that where special statutes provide complete mechanisms for inspection, inquiry, adjudication, hearing, penalties and complaint-based prosecution, criminal machinery cannot be invoked to convert regulatory or municipal non-compliance into cognizable offences unless the essential ingredients of a cognizable offence are clearly disclosed.
(m) Constitution of Pakistan----
----Art.199---Regulatory dispute converted into criminal prosecution---Abuse of process---Held, that continuation of criminal proceedings based on vague allegations of healthcare licence violation, CDA home occupation breach, unspecified spurious medicines, and unsupported disappearance of evidence would amount to misuse of criminal process and abuse of law.
Disposition: Writ petition was allowed; FIR No.111 dated 18.12.2025 registered at Police Station FIA/ACC, Islamabad under Ss.109/201, PPC, Ss.14 & 30 of Islamabad Healthcare Regulation Act, 2018, and S.5(2) of Prevention of Corruption Act, 1947, was quashed; petitioner was left at liberty to seek appropriate remedy against complainant and FIA officials, if so advised; no order as to costs.