Law: Criminal Procedure Code (V of 1898)

Section: 154,161,169,170,173,173(3)

Law: Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1965

Section: R.8,11

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Khyber Pakhtunkhwa Anti-Corruption Establishment Ordinance (XX of 1961)

Section: 3,3(4),6,8

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 169, 170 & 173---Khyber Pakhtunkhwa Anti-Corruption Establishment Ordinance (XX of 1961), S. 8--- Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1965, Rr.8 & 11---Dropping of case---Cancellation of FIR---Procedure---Provisions of West Pakistan Anti-Corruption Establishment Ordinance, 1961 and West Pakistan Anti-Corruption Establishment Rules, 1965 are in addition to Criminal Procedure Code, 1898 and Police Rules, 1934---For all matters not expressly provided without recourse to Cr.P.C., neither FIR can be cancelled nor criminal case can be closed---Decisions made under R.8(4) of Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1965 for dropping a case is considered final and no further procedure is provided as such, there is either deficiency or lacuna left in Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1965---Whatever course investigating officer adopts, i.e., whether acts under S.169 or 170 Cr.P.C., it is incumbent upon him to submit a final report under S.173, Cr.P.C. with regard to result of his investigation to a competent Magistrate. Habib v. The State 1983 SCMR 370 and Dr. Muhammad Salman Ashraf v. Director, Anti-Corruption Establishment, Punjab, Lahore 2004 YLR 2962 rel. (b) Prevention of Corruption Act (II of 1947)--- ----S. 5(2)---Penal Code (XLV of 1860), Ss. 419, 420, 468, 471 & 477-A---Khyber Pakhtunkhwa Anti-Corruption Rules, 1999, R.8---Criminal Procedure Code (V of 1898), S. 173---Police Rules, 1934, Chap.24.7---Constitution of Pakistan, Art. 199---Constitutional petition---Dropping of case---Withdrawal of F.I.R.---Restoration of criminal case---Petitioner was aggrieved of dropping of case and withdrawal of F.I.R. against accused and sought Constitutional jurisdiction of High Court for restoration of the same---Validity---Provisions of R.8 of Khyber Pakhtunkhwa Anti-Corruption Rules, 1999 was violative of statute and to that extent it required amendment---High Court directed that after completion of investigation, if competent authority reached conclusion that case was liable to be dropped or required to be recommended for departmental action, final report…

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