Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Islamabad High Court, officially reported as 2025 IHC 245061. In this matter between Muhammad Tahir Javaid Cheema etc and SHO Bhara Kahu, Islamabad, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Islamabad High Court (Honourable Mr. Justice Arbab Muhammad Tahir) AUTHOR JUDGE: Honourable Mr. Justice Arbab Muhammad Tahir DECISION DATE: 08-DEC-2025 CASE NO: Writ Petition-3806-2025 CITATION: 2025 IHC 245061 PARTIES: Muhammad Tahir Javaid Cheema etc VS SHO Bhara Kahu, Islamabad LAW / SECTION: under sections 353, 186,148, 149, PPC | under Section 22-A & B Cr.P.C SUBJECT: Police/FIA Matter, Quashment of FIR REMARKS: Quashment of FIR, FIR No. 592/2025 dated 09.08.2025 U/s 148, 149, 353, 186 PPC P.S. Bara Kahu, Islamabad ============================================================ ORDER-SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD JUDICIAL DEPARTMENT

W.P No. 3806 of 2025 Muhammad Tahir Javaid Cheema and another Versus SHO Bhara Kahu, Islamabad and another

Serial No. of order of proceedings Date of order of proceedings Order with signatures of judge, and that of parties of counsel, where necessary. 1 2 3

01.12.2025 Mr. Muhammad Ishtiaq Ahmed Raja, Advocate for petitioner, Mr. Muhammad Haroon Sami, Advocate for respondents, Ms. Rimsha Khalid, State Counsel, Mr. Muhammad Asif Javed, State Counsel, Tanveer, S.I.

Arbab Muhammad Tahir, J: Through the listed petition in terms of Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioners namely Muhammad Tahir Javed Cheema and Muhammad Shahid Javed Cheema pray for quashing of FIR No. 592/25, dated 09.08.2025, under sections 353, 186,148, 149, PPC, Police Station Bhara Kahu Islamabad, registered on the complaint of respondent No.2 namely Sagheer Ahmed Khan, Deputy Director NHA, on the allegations of obstructing the officials of NHA from performing their official duties by using criminal force.

2. The petition is being pressed on the grounds that no occurrence as alleged in the FIR had taken place; that as a matter of fact, the officials of NHA launched an illegal raid despite injunctive order by the court of competent jurisdiction; that no offence of causing obstruction to the public servants is made out; that no encroachment as alleged was available at site; that the 2 W.P.No.3806-2025

dispute regarding termination of lease agreement was already sub-judice before the court of competent jurisdiction, wherein an injunctive order was also in field and that the very registration of subject FIR, on the face of it, reflects misuse of authority by the police officials, therefore, liable to be quashed.

3. On the other hand, respondent-NHA in its written comments, repelled the stance of the petitioners by contending that the proceedings were conducted in accordance with law; that due procedure was followed for taking possession of the leased land; that the petitioners were served with numerous notices to vacate the premises; that application under Section 22-A & B Cr.P.C, filed by the petitioners for registration of cross-version has already been turned down and that no extra ordinary circumstance warranting quashing of the subject FIR is available, therefore, petition is liable to be dismissed.

4. Heard and record perused.

5. It is well settled that the jurisdiction vested in this court in terms of Article 199 of Constitution for quashing of an FIR can be exercised, where it appears that the investigation is conducted without lawful authority. Reliance is placed upon case of FIA through Director General-FIA and others v. Syed Hamid Ali Shah and others (PLD 2023 SC-265).

6. In the present case, the response furnished by the respondent No.2-NHA through written comments reveals that after the termination of lease agreement, parties had been in litigation before the Arbitrator and at the time, stated operation was conducted by the respondent-NHA, an injunctive order issued by the court of competent jurisdiction was in field, which is being 3 W.P.No.3806-2025

defended in terms that said injunctive order only bound the respondent No.2 not to act without due process of law and that the proceedings were conducted by adopting due process. These facts coupled with the fact that pursuant to impugned action, possession of the subject premises was taken by the respondent No.2-NHA, if seen in conjunction with the admitted fact that no specific or even remote instance of alleged obstruction of public servant in discharge of official duty is alleged against the petitioners, ex facie, lead to hold that the very registration of FIR had been without lawful authority.

7. In view of above, listed writ petition is allowed, FIR No. 592/25, dated 09.08.2025, under sections 353, 186,148, 149 PPC, Police Station Bhara Kahu Islamabad is accordingly quashed.

(ARBAB MUHAMMAD TAHIR) JUDGE

Announced in open court on __/12/2025.

JUDGE

Shafqat

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