Law:

Section:

Emigration Ordinance (XVIII of 1979) --------- ----------Ss. 18(b) & 22(b) --------- Penal Code (XLV of 1860), S.109 --------- Criminal Procedure Code (V of 1898), Ss.154 & 156 --------- Constitution of Pakistan, Art. 199 --------- Constitutional petition --------- Maintainability --------- Fraudulently inducing persons to emigration abroad for purpose of securing employment, abetment --------- Registration of FIR and conducting enquiry --------- Inquiry Officer, in his comments filed in the Trial Court, had stated that in view of inquiry conducted by him, no criminal case was made out, warranting registration of FIR, but the comments would reveal that instead of conducting inquiry as Inquiry Officer, he assumed the role of a court by discrediting the proof brought before him by the complainant --------- Once commission of a cognizable offence was reported, SHO of Police Station concerned was under legal obligation to register FIR, without first embarking an enquiry, notwithstanding the fact that procedure of Federal Investigating Agency, was a bit different; and inquiry was conducted prior to registration of the case --------- Once case was registered, then investigation was conducted under the law; and accused, invariably, had the opportunity to put forth his defence/case to the Investigating Officer, who under the law, was even authorized to move for release of accused and cancellation of FIR; if after investigation the charge was proved false; and could also initiate criminal proceedings against the complainant for lodging a false and baseless report --------- In addition to the said remedy during investigation, even if challan was submitted against accused, he still had another chance of putting up defence against the case of prosecution by proving the case false; and thereby securing his acquittal in the case --------- Constitutional petition, was not maintainable, in view of availability of other adequate remedies to the petitioner --------- Petition was dismissed, accordingly. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---------- Pursuant to registration of case under sections 18-B, 22-B, E.O., 1979 read with section 109, P.P.C. in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492