Law: Prevention of Corruption Act, 1947

Section: 5,5(4)

Law: Pakistan Penal Code, 1860

Section: 34,302,324,406,409,400,000,000,000

Law: Criminal Procedure Code (V of 1898)

Section: 22-A,561-A

Law: Anti Corruption Establishment Ordinance (XX of 1961)

Section: 8

(a) Prevention of Corruption Act (II of 1947)--- ----S. 5--- Anti Corruption Establishment Ordinance (XX of 1961), S. 8---Penal Code (XLV of 1860), Ss. 468, 419, 420, 471, 409 & 406---Criminal Procedure Code (V of 1898), S. 22-A---Constitution of Pakistan, Art. 199---Quashing of FIR---Factual inquiry---Application to Ex-officio Justice of Peace---Maintainability---Provisions of Prevention of Corruption Act, 1947 not in derogation of any other law---Scope---Petitioner sought quashing of FIRregistered against him on the order of Ex-officio Justice of Peace---Petitioner, being a government servant, purportedly used national identity card of the respondent and got him appointed to a post and received salary on his behalf without informing him---Petitioner contended that an inquiry before the Anti-Corruption Establishment was pending, therefore, application under S. 22-A, Cr.P.C. was not maintainable---Validity---FIR lodged by local police against the petitioner did not constitute the case of overlapping with the case of Anti-Corruption Establishment in view of S. 5(4) of Prevention of Corruption Act, 1947 and S. 8 of Anti-Corruption Establishment Ordinance, 1961---Application before Ex-officio Justice of Peace was not maintainable in circumstances---Inquiry of factual controversy by High Court would tantamount to exceeding jurisdiction conferred by Art. 199 of the Constitution---Constitutional petition was dismissed, accordingly. PLD 2008 Pesh. 162; 2005 YLR 1329; PLD 1999 Lah. 109 and 2005 MLD 1647 ref. Abdul Latif v. M. Paracha and others 1981 SCMR 1101 and Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Quashing of FIR---Abuse of process of law---Order for quashing of FIR could be passed in a constitutional petition under Art. 199, as the ultimate object was to prevent abuse of process of law. (c) Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Factual inquiry--- Scope---Detailed examination of facts could not be made in a constitutional petition as it would have trappings of a final order. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, J.---…

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