Case Details

Citation(s)
2018 SLG 2234 2018 SLD 2234 2018 PLJ 634
Islamabad High Court
Crl. Misc. No. 751 of 2016, decision & hearing Dated: 09.12.2016.
SHAUKAT AZIZ SIDDIQUI, JUSTICE
Mian Ahmed Khan, Advocate for Petitioner.

SHAFIQUE AHMED

VS

STATE, ETC.

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 561-A, 435 & 173--Passport Act, 1974, S. 6--Inherent powers of High Court--Revision petition--Question of--Revision entertainable against executive order--On Court's question that how revision petition could have been entertained against executive order passed by Illaqa Magistrate, whereby concurrence has been accorded on cancellation Report u/S. 173,Cr.P.C., Counsel opted not to press instant Petition to extent of order passed by learned Additional Sessions Judge--For convenience to examine, as to whether Petition in hand u/S. 561-A, Cr.P.C. fulfills criteria of an order impugnable under provision--Held: Admittedly, impugned order passed by Illaqa Magistrate (FIA) is an executive order, which was not passed by Court after taking cognizance of matter and during pendency of Judicial Proceedings--Plain language of provision clearly suggests that it can be invoked by any aggrieved person in order to give effect of any order under Criminal Procedure Code, or to prevent abuse of process of any Court; or otherwise to secure ends of justice--Petition in hand does not relate to any order passed by Court in Judicial Capacity, there is no order under code, effect of which has been sought and to secure ends of justice--Further held: By august Supreme Court (supra), it can be safely held that Petition under Section 561-A, Cr.P.C., against impugned order passed by Illaqa Judicial Magistrate (FIA) whereby, concurrence has been accorded to cancellation Report submitted u/S. 173, Cr.P.C., being order passed on executive side is not maintainable--Petition dismissed. Bahadur and another vs. The State and another PLD 1985 SC 62 & Muhammad Ali vs. Additional I.G. Faisalabad and others PLD 2014 SC 753, ref. THIS JUDGMENT DELIVERED BY: SHAUKAT AZIZ SIDDIQUI, JUSTICE---.--- Brief facts of the case are that:-- Petitioner lodged a Complaint dated 09.12.2014, alleging therein that Accused/Respondent No. 2, worked as Medical Officer in Ganga Ram Hospital, Lahore from 04.10.2006 to 17.03.2009 and during her service she had obtained Pakistani Passport No. BV5179821 dated 23.05.2008 by concealing her occupation and marital status…
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