Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Penal Code (XLV of 1860), Ss.448, 395, 511, 109, 161 & 162---Prevention of Corruption Act (II of 1947), S.5---West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961), S.8---West Pakistan Anti-Corruption Establishment Rules, 1985, Rr.6, 7 & 8---House-trespass, dacoity, attempt to commit offences, abetment, taking illegal gratification---Constitutional petition---Quashing of FIR---Contention of petitioner was that under R.8 of the West Pakistan Anti-Corruption Establishment Rules, 1985, registration of FIR against the government servant in respect of a scheduled offence, exclusively fell within the jurisdiction of Anti-Corruption Establishment and registration of FIR at the Police Station concerned, was without lawful authority---Validity---Initially, in the present case, FIR was not registered under the scheduled offences, but subsequently, when the order for transfer of the case was issued by the Special Judge, Anti-Corruption Court, case was transferred to the Anti-Corruption Establishment; and same was investigated by three different Investigating Officers of the Anti-Corruption Establishment---Provision of S.154, Cr.P.C. authorized an officer-in-charge of Police Station to record FIR, if information was conveyed to him which disclosed commission of a cognizable offence---Present FIR revealed the commission of cognizable offence---Provision of S.8 of the West Pakistan Anti-Corruption Establishment Ordinance, 1961 provided that provisions of said Ordinance, were in addition and not in derogation to any other law for the time being in force---Rules 6, 7, 8 of the West Pakistan Anti-Corruption Establishment Rules, 1985, did not have overriding effect on provisions of S. 154, Cr.P.C.---Said Rules being subordinate legislation, could not control or override S.8 of West Pakistan Anti-Corruption Establishment Ordinance, or S.154, Cr.P.C.---Contentions of the petitioner seeking quashing of FIR, were misconceived---Challan being pending before the Trial Court, an appropriate alternate remedy was available to the petitioner under S.249-A, Cr.P.C.---Constitutional petition was dismissed. State through…

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