Law: Penal Code (XLV of 1860)

Section: 409/468/471

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Federal Investigation Agency Act, (VIII of 1974)

Section: 5(1)

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860) Ss. 409/468/471 Prevention of Corruption Act (II of 1947), S.5(2) ¬Federal Investigation Agency Act; 1974 (VIII of 1975), S.5(1), ¬Constitution of Pakistan (1973), Art. 199 Constitutional petition ¬Registration of F.I.R. Holding of preliminary inquiry, no doubt was borne out by the Federal Investigation Agency Act, 1975, but the Agency was not duty bound to register the case unless the preliminary inquiry had prima facie disclosed the commission of a cognizable offence ¬Respondents, after having received the complaint of the petitioner, had accorded permission to hold the preliminary open inquiry which showed that no fundamental right of the petitioner had been denied by the Government Functionary i.e., the Federal Investigation Agency ¬Constitutional jurisdiction of High Court, therefore, could not be invoked for carrying on. a futile exercise simply because the petitioner considered some persons to be guilty Petitioner had an alternative remedy of filing a direct complaint in the competent Court if he, was not satisfied with the progress being made by the respondents Constitutional petition was not maintainable and was dismissed accordingly ¬Respondents, however, were directed to register the F.I.R. if in the open enquiry any cognizable offence was found to have been committed by the accused. Constitutional Petitions Nos.300, 345 and 358 of 2001; Mst. Zar Bano v. The State 1989 SCMR 202 and Adamjee Insurance Company Limited and others v: Assistant Director, Economic Enquiry Wing, Federal Investigation Agency 1989 PCr.LJ 1921 ref. Muhammad Ashraf Kazi for Petitioner. Ziauddin Nasir, Standing Counsel. ORDER This Constitutional petition has been filed by the petitioner, through his counsel, praying therein as under: (1) To direct the respondent to register the F.I.R. of the petitioner annexed with the petition as Annexure ‘D’, dated 16 8 2001 and to hold the investigation of the case in accordance with law and to report the result of the investigation to this Honourable Court within the shortest possible time. (2) Any other, further additional relief which this Honourable Court may deem fit and proper under the fair dispensation of…

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