Salimullah Khan had filed the petition against Malik in the Islamabad High Court yesterday.
He contended that she should be tried under provisions of the Pakistan Penal Code for obscene acts, sedition, defamation and wearing clothes and using equipment used by Pakistani military personnel.
Rejecting his petition today, the court said it could not take any action as the photos had been published in another country.
Khan had earlier told the court that Malik did a naked photo shoot for FHM India magazine.
The nude picture was printed on the cover of the magazine and other photos were featured on the e-edition of FHM India, he said.
