Law: Criminal Procedure Code (V of 1898)

Section: 86A,439A

Law: Frontier Crimes Regulation (III of 1901)

Section: 11

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 419,420

(a) Criminal Procedure Code (V of 1898)----- ----S. 86-A---Penal Code (XLV of 1860), Ss.419/420---Frontier Crimes Regulations (III of 1901), S.11---Constitution of Pakistan (1973), Art. 199---Constitutional Petition---Removal of accused to custody of Political Agency of Tribal Area---Accused in his Constitutional petition had challenged order whereby Magistrate proceeding in the matter under S.86-A, Cr.P.C. ordered removal of accused to APA/ADM Bara, Khyber Agency, holding that a strong prima facie case existed against accused with probable presumption that accused had committed fraud--- Validity---Magistrate had properly discussed evidence and had given sound reasons showing his satisfaction that evidence produced before him raised a strong or probable presumption that accused had committed offence mentioned in the warrant---Conclusion drawn by Magistrate was reasonable as complainant/respondent had successfully established factum of dishonestly capturing his amount by accused/petitioner, whereas petitioner could not bring on record anything to show that complaint was based merely for enforcement of a civil liability disclosing no criminal offence on his part. (b) Constitution of Pakistan (1973)--- ----Art. 199---Crimial Procedure Code (V of 1898), Ss.86-A & 439-A---Constitutional jurisdiction---Scope---Before the High Court would proceed to exercise its 'jurisdiction under Art.199 of the Constitution in respect of a case pending before or decided by a Magistrate, it had to demonstrate by giving reason that relevant provisions of Cr.P.C. did not provide adequate remedy to petitioner in the matter---Order passed by the Magistrate was revisable order and as such adequate remedy by way of filing revision petition before Sessions Judge was available to petitioner under S.439-A, petition to Supreme Court could also be pursued by petitioner/accused ultimately---Even otherwise petitioner being also a tribal man, could not invoke Constitutional jurisdiction of High Court when dispute between the parties was with regard to a deal finalized in the tribal territory of Khyber Agency and Political Authorities were competent under Frontier Crimes Regulation, 1901 to…

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