Law:

Section:

Through this writ petition, petitioner has impugned the order dated 26.08.2009 passed by the learned Special Judge Central, Faisalabad whereby the cancelation report moved by the FIA in case FIR No.65 dated 07.05.2007 registered under sections 17/22 of the Emigration Ordinance, 1979 at Police Station FIA, Faisalabad was not agreed upon. It has been further prayed in this writ petition that the aforementioned FIR may also be quashed. 2. Learned counsel for the petitioner has argued that the said order is illegal and be set-aside; that the FIR is a counterblast to the application filed by the petitioner against the brother of respondent No.5 who is an Ahlmad in the civil courts; that respondent No.5 himself travelled to Malaysia on 08.06.2003 and returned back to Pakistan on 22.11.2005; that the petitioner since 21.11.2002 resided in Malaysia and returned to Pakistan on 26.03.2005 when his father fell unwell; that the petitioner was declared innocent in this case by the police; that as it is case of no evidence therefore a cancellation report was prepared in this case; that continuing with trial would be a futile exercise hence this writ petition be accepted. 3. The learned counsel for respondent No.5 has argued that after formal inquiry by the FIA, the FIR was registered and subsequently the report under section 173 Cr.P.C. Was submitted before the learned trial court on 20.05.2009; that there is no illegality in the order impugned and the same be upheld. 4. The learned Standing Counsel has argued that the order impugned is a legal order hence, this writ petition be dismissed. 5. Arguments have been heard and the available record has been perused. 6. The petitioner is the nominated accused in the FIR No. 65 dated 07-05-2007 whereas respondent No.5 Ghulam Hussain Bukhari is the complainant of the said FIR. The Inspector, Federal Investigation Agency Police Station SIU Islamabad on 20-05-09 submitted a report under section 173 Cr.P.C before the respondent No.1, learned Special Judge Central, Faisalabad for the cancellation of the aforementioned FIR but the learned Special Judge, Faisalabad did not agree with the said cancellation report and ordered on 26.08.2009…

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