Law: Criminal Procedure Code (V of 1898)

Section: 561-A,204

Law: Emigration Ordinance, 1979

Section: 17,18,22-B

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 204---Penal Code (XLV of 1860), S.489-F---Emigration Ordinance (XVIII of 1979), Ss.17, 18 & 22-B---Dishonestly issuing a cheque, fraudulently inducing a person for emigration to a foreign country, and receiving amount from him---Petition for quashing of F.I.R.---Petitioner/accused was fugitive from law, non-bailable warrants of arrest were issued against him, but he avoided his lawful arrest---Contention of accused, was that there was no express provision, or bar in the Code of Criminal Procedure, which bound down a person seeking justice under the inherent powers of the High Court under S.561-A, Cr.P.C. to appear in person---Validity---Competent court of law had issued warrants of arrest against accused for his appearance, but he avoided his lawful arrest; in such-like situation, if petition for quashing of F.I.R. filed by fugitive accused was entertained for its decision on merits, without surrender of accused in obedience to the warrants under S.204, Cr.P.C., then it would tantamount to abuse of process of the court; as a person who fled or escaped from law, would lose some of his normal rights available to him under the law---Petition for quashing F.I.R. filed by accused, could not be entertained for he being fugitive from law---Petition was dismissed. 1993 SCMR 1873; 1995 PCr.LJ 1672 and Criminal Miscellaneous No.78 of 2011 distinguished. PLD 1956 FC 43; 1999 SCMR 1619; PLD 2002 Lah. 74 and 1999 PCr.LJ 1381 rel. JUDGMENT LAL JAN KHATTAK J.---Through this petition filed under section 561-A, Cr.P.C., the petitioner seeks quashment of F.I.R. No.3 dated 11-2-2013 registered against him at Police Station FIA, D.I. Khan under section 489-F read with sections 17, 18 and 22-B of Emigration Ordinance, 1979. 2. Relevant facts of the case are that respondent Muhammad Sa'adat Ali moved an application to the Deputy Director FIA, Dera Ismail Khan alleging therein that the petitioner fraudulently induced him for emigration to a foreign country and received from him Rs.2,00,000. On his failure to emigrate, the petitioner was asked by the respondent to return him the amount so received but he refused. However,…

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