IJAZ AHMAD CHAUDHRY, J.- Through this Constitutional petition under Article 199 of the Constitution the petitioner seeks quash ment of F.I.R. No. 392/2001, dated 14.9.2001 under Sections 420/468/471/381-A, PPC at Police Station, Saddar, Sheikhupura on the statement of Pervez Asghar.
2. Brief facts of the case are that the petitioner is Sub- Inspector in the Police Department and had been investigating the case fairly and honestly. The above-mentioned case was registered against him and other accused and certain allegations were levelled through an application of respondent No. 3, and on that application an inquiry was conducted by SSP and as result of inquiry the said F.I.R, has been lodged.
3. The .Main contention of the leamed counsel for petitioner for quash ment of the said F.I.R, is that after promulgation of the Punjab Anti-Corruption Establishment ' Rules, 1985, which is Special Law registration of criminal case with the local Police Station is illegal and unlawful and is liable to be quashed. It is further contended that the Special Law will override the general law. The leamed counsel has placed reliance on a decision of Hon'ble Supreme Court passed in Civil Appeal No. 1757-L/1998 titled Mirza Muhammad Iqbal Vs. The Government of Punjab.
4. I have heard the leamed counsel for petitioner at length and perused the documents attached with this petition.
A Division Bench of this Court in case reported as 2000 P.Cr.L.J. 1995 has held that the Local Police is authorised to register a case against a civil servant and can investigate the same inspire of enforcement of Anti-Coemption Establishment Rules, 1985. This Court in case reported as PLD . 1999 Lahore 109 has already held that the Rules framed by the Executive Authorities will not prevail over the general law and has declared that the investigation can be conducted by the local police against civil servant. The case cited by the leamed counsel for petitioner is not a case decided by Hon'ble Supreme Court as the order was passed on the concessional statement of the leamed A.G.
Punjab and cannot be a precedent for quash ment of every F.I.R, registered by the local police against a civil servant. This petition has no merit. It is dismissed as such, in limine.