Law:

Section:

Punjab Anti-Corruption Establishment Rules, 1985 --------- ----------Rr. 6, 7 & 8 --------- Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B --------- Order passed by Justice of Peace to register case --------- Non-compliance of --------- Inquiry, conduct of --------- Object and scope --------- Petitioner sought direction of High Court for registration of case against proposed accused as no FIR was registered on the order passed by Ex-Officio Justice of Peace --------- Validity --------- When a public servant was alleged to have committed a scheduled offence jointly with other private persons, then a criminal case against them could be registered only under the orders of officers mentioned in R. 8 of Punjab Anti-Corruption Establishment Rules, 1985 --------- Before registration of case, Anti-corruption Department had a right to first make a thorough inquiry as prescribed in Punjab Anti-Corruption Establishment Rules, 1985 --------- Wisdom behind such inquiry was that public servants should be given some protection from false and frivolous cases registered against them --------- Constitutional Petition was dismissed in circumstances. Saleem Ullah Khan v. The State 2008 SCMR 1465 rel. Muhammad Afzal and 2 others v. Muhammad Siddique Girwa, Additional Sessions Judge, Gujranwala and 3 others 1992 MLD 311; Muhammad Hafeez and 2 others v. The State and another 1999 MLD 1174; Riaz Ahmad Tahir v. State and others PLJ 1996 Cr.C. (Lah.) 80 and Mehboob Ali v. The State and 3 others PLD 1996 Lahore 454 ref. THIS ORDER PASSED BY: ERUM SAJAD GULL, JUSTICE:---------- Through this writ petition, the petitioner has prayed that the respondent No. 2 (Circle Officer, Anti-Corruption Establishment, Pakpattan Sharif), respondent No. 3 (Director Anti-Corruption Establishment, Sahiwal) and respondent No. 4 (Director General Anti-Corruption Establishment, Punjab, Lahore) be directed to register a criminal case against the proposed accused persons in accordance with law and then investigate the matter fairly, honestly and without being influenced by the previous inquiry conducted by the respondents under Rules 6 and 7 of the Anti-Corruption Establishment Rules, 1985. 2. The…

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