Law: Criminal Procedure Code (V of 1898)

Section: 173,265-K,177

Law: Constitution of Pakistan, 1973

Section: 199

Law: Penal Code (XLV of 1860)

Section: 409,109,34

Law: Prevention of Corruption Act, 1947

Section: 5(2)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 173 265-K--- Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of proceedings---Challan filed in Court---Effect---When challan/report under S. 173 Cr.P.C. is submitted in Trial Court, then petitioner has alternate remedy to file petition under S. 265-K, Cr.P.C. for his acquittal. Director-General, Anti-Corruption Establishment, Lahore and others v. Muhammad Akram Khan and others PLD 2013 SC 401; Mst. Kaniz Fatima v. Muhammad Salim 2001 SCMR 1493 and Rana Aftab Ahmad Khan v. Muhammad Ajmal and another PLD 2010 SC 1066 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 409, 109 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal Procedure Code (V of 1898), S. 177---Constitution of Pakistan, Art. 199---Constitutional petition---Quashing of FIR---Territorial jurisdiction of trial and inquirys were accused of causing loss to national exchequer by sale of shares of their company at place ‘K’---Jurisdiction of High Court at place ‘I’ was invoked but subsequently High Court at place ‘K’ quashed proceeding against co-accused persons---Validity---Jurisdiction in the matter had already been assumed by High Court at place ‘K’, therefore, High Court at place ‘I’ lacked jurisdiction to entertain the matter for the reason: that impugned transaction of sale and purchase of shares was made at place ‘K’; that initial offer of purchase of shares was made at place ‘K’; that sale price of shares was made at place ‘K’; that seller company was listed at Karachi Stock Exchange; that petitioners companies were registered and incorporated at ‘K’; that whole transaction was complete at place ‘K’ and no part of it was accomplished at place ‘I’; that inquiry was directed by Director Federal Investigation Agency at place ‘K’ without any intervention of Head Office; that FIR was lodged at place ‘K’ and all relevant evidence was there; that illegal acts were committed at place ‘K’ and dominant cause had accrued there; that there was no allegation against Securities and Exchange Commission of Pakistan nor any relief was claimed against it; that nothing was urged against any functionary at place ‘I’; and that…

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