Law: Official Secrets Act, 1923

Section: 3,4,13

Law: Constitution of Pakistan, 1973

Section: 173

Law: Criminal Procedure Code (V of 1898)

Section: 195,154

(a) Official Secrets Act (XIX of 1923)--- ----Ss. 3, 4 13---Constitution of Pakistan, Art. 199---Criminal Procedure Code (V of 1898), S. 173---Constitutional petition---Quashing of FIR---Spying---Communication with foreign agents to be evidence of commission of certain offences---Restriction on trial of offences---Scope was a civil servant and was being investigated under Ss. 3 4 of Official Secrets Act, 1923---Person sought quashing of FIR on the basis that the court can take cognizance in the matter only on the complaint of authorized officer of the Government of Pakistan and not on basis of challan/report under S. 173, Cr.P.C.---Law did not prohibit lodging of the FIR, investigation of the matter and arrest of the accused in an offence under the Official Secrets Act, 1923---However, it was only when the matter is to be proceeded by the Court by taking cognizance in the same, the complaint by an authorized officer is required---Registration of the case by Federal Investigation Agency and subsequent investigation in the matter was also deemed to be permissible in light of proviso to subsection (3) of S. 13 of the Official Secrets Act, 1923---Constitutional petition was dismissed. Muhammed Nazir v. Fazal Karim and others PLD 2012 SC 892 ref. Muhammad Mohsin Ghuman v. Government of Punjab 2013 SCMR 85 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 195 154---Information in cognizable cases---Prosecution for certain offences---Scope---If the provisions of S. 195(1)(c), Cr.P.C., place a prohibition against taking cognizance of except in the given manner then all prior steps taken before the stage of taking of cognizance by Court could be deemed to be permissible. Muhammad Mohsin Ghuman v. Government of Punjab 2013 SCMR 85 rel. ORDER AAMER FAROOQ, JUSTICE:---.---The petitioner has been implicated in the offence under sections 3 and 4 of the Official Secrets Act, 1923 in case FIR No. 4/2021 dated 17.3.2021 registered with Federal Investigation Agency, Islamabad. He seeks quashing of the referred case against him. 2. Learned counsel for the petitioner, inter alia, contended that under Section 13 of the Official Secrets Act, 1923 (the Act) the Court can take…

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