Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 22-A---Foreigners Act (XXXI of 1946), Ss.14(1) & 14(2)---Application for registration of case against accused persons was dismissed by Ex-Officio Justice of Peace---Petitioner's case was that respondent/daughter of petitioner with other members of the family had settled in Afghanistan---Respondent/daughter of petitioner disappeared from her house in Afghanistan---Petitioner got information, that his duaghter had fled to Pakistan with the connivance of another person---Petitioner had lodged report with regard to disappearance of his daughter---Daughter of the petitioner was recovered from the house of said other person whereafter she recorded her statement under S.164, Cr.P.C. before the Magistrate and admitted to have fled from Afghanistan to Pakistan and affirmed the factum of Nikah with the said person---Daughter of petitioner subsequently shifted to Dar-ul-Aman---Application was moved by the petitioner before the court of Executive Magistrate for deporting his daughter which was dismissed---Petitioner had preferred application to the Station House Officer for the registration of case against the said other person which was declined---Another application with the same plea was presented to the District Police Officer, which was also refused---Petitoner filed application before the Ex-Officio Justice of Peace for the registration of case against the respondent, which was dismissed---Validity---Record transpired that petitioner had failed to bring on record any documentary evidence in respect of his deportation to his native country---Daughter of petitioner was shown to be a holder of registration card as Afghan refugee issued by the Government of Pakistan---Plea of petitioner, thus, to initiate criminal proceedings against the said another person being illegal migrant within the meaning of S.14(2) of the Foreigners Act, 1946, could not be advanced---Foreigners Act, 1946, had conferred certain powers upon Federal Government in respect of entry of the Foreigners into Pakistan, their presence and departure therefrom---Powers for any action under the Foreigners Act, 1946, had been specifically delegated to the…

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