Law: Code of Criminal Procedure (CrPC), 1898

Section: 154,,, R.25

Law: Police Rules, 1934

Section:

(a)    Criminal Procedure Code (V of 1898)---
----S. 154--- Police Rules, 1934, R. 25--- Constitution of Pakistan, Art. 199---Quashing of FIR--Registration of second FIR.---Effect---Petitioner / accused was aggrieved of registration of second FIR. against her on the same subject and cause of action---Validity---Even if second FIR was registered and Investigating Officer was informed by accused regarding earlier registered FIR, then it was bounden duty of subsequent Investigating Officer to requisition attested copy of earlier FIR, examine its contents, and if allegations were in respect of one occurrence or the offence related to one and the same transaction, then Investigating Officer of subsequent FIR was to process a case for its cancellation under Police Rules, 1934--Registration of second FIR was in flagrant violation of principles and law laid down by Supreme Court in Sughran Bibi's case reported as PLD 2018 SC 595---High Court quashed second FIR registered by police against petitioner---Constitutional petition was allowed accordingly.
Sughran Bibi v. The State PLD 2018 SC 595 fol.
(b)    Criminal Procedure Code (V of 1898)---
---- S. 154--- Police Rules, 1934, R. 25---Constitution of Pakistan, Art. 199---Quashing of FIR--Subsequent FIR, registration of--- Absence of complainant---Effect---Petitioner assailed registration of two FIR's against her at place "I" when earlier FIR on same subject was already registered at place "L"--Validity--- Incharge Police Officer at place "I" had no authority or jurisdiction to register criminal case to investigate contents of FIR's registered at place "L"--- Act of registration of FIR's at place "I" was unlawful---First Information Report registered at place "I" were cancelled during proceedings before High Court and matter was referred to Federal Investigating Agency, where the proceedings were closed on technical ground of "non-pursuance", failure on part of complainant to verify contents of the complaint--Registration of FIR's at place "I" were unlawful, therefore, it would be deemed that the matter had never been referred to Federal Investigating Agency--- High Court declared that FIR's in question were registered unlawfully and in excess of jurisdiction by Incharge Police Station, at place "I" and were quashed--- At the time of filing of application and registration of FIR., complainant was abroad--- High Court directed Inspector General of Police to hold detailed inquiry against Incharge Police Station and other officials in the matter of registration of FIRs by incorporating false statement regarding presence of complainant at the police station---Constitutional petition was allowed accordingly.
F.I.A. through its Director General v. Syed Hamid Ali Shah and others PLD 2023 SC 265; Muhammad Akram v. DCO Rahim Yar Khan and others 2017 SCMR 56; Shamsul Haq and others v. Mst. Ghoti and 8others 1991 SCMR 1135; Capital Development Authority, Islamabad through its Chairman v. Khuda Bakhsh and 5 others 1994 SCMR 771; Sughran Bibi v. The State PLD 2018 SC 595; Samiullah Khan Marwat v. Government of Pakistan through Secretary, Establishment, Islamabad and another 2003 SCMR 1140 and Federation of Pakistan and another v. E-Movers (Pvt) Ltd and another 2022 SCMR 1021 rel. 

ORDER
ARBAB MUHAMMAD TAHIR, J.---Through this consolidated judgment, I shall decide the instant petition along with Crl. Misc. No.987/2023 titled "Syed Ali Mardan Shah v. The State and others" and Crl. Misc. No.1546/2022 titled "Syed Ali Mardan Shah v. The State and others."
2.    The petitioner (Khush Bakht Mirza) through W.P. No.4200/2022 filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter the "Constitution") has sought quashment of FIR No.465/2022, dated 22.10.2022, registered under sections 420, 467, 468, 471, 34, 409, 109 of Pakistan Penal Code, 1860 (hereinafter "P.P.C.") at Police Station Secretariat, Islamabad, whereas, the petitioner (Syed Ali Mardan Shah) through Crl. Misc. No.987/2023 and Crl. Misc. No.1546/2022 filed under section 561-A of the Code of Criminal Procedure, 1898 (hereinafter "Cr.P.C.") has sought quashment of FIR No.156/2023, dated 17.05.2023 registered under sections 420, 468, 471, 385, 386, 389, 500, 506 P.P.C,, at Police Station Secretariat, Islamabad.
3.    The facts relevant for adjudication of the petitions in hand are that W.P. No.4200/2022 and Crl. Misc. No.1546/2022 have been filed seeking quashment of FIR No.465/2022, P.S. Secretariat, Islamabad. It has been alleged in the FIR (sought to be quashed) that the accused persons in connivance with each other had got registered two FIRs.36/2020 and 40/2020 with the Federal Investigation Agency (FIA) on the basis of forged documents against Umar Farooq Zahoor (respondent No.2). Through Crl. Misc. No.987/2023, the petitioner seeks quashment of FIR No.156/2023, P.S. Secretariat, wherein the allegations levelled through FIR No.465/2022 (sought to be quashed through W.P. No.4200/2022) have been repeated. It is pertinent to note that the petitioner in W.P. No.4200/2022, through C.M. No.2815/2023 have also placed on record copy of FIR No.156/2023. Through the impugned FIRs, Umar Farooq Zahoor has implicated the petitioners and every official of FIA who had either investigated the criminal cases i.e. FIRs No.36/2020 and 40/2020 or was part of the hierarchy.
4.    It was mainly argued on behalf of the petitioners that; the complainant of FIRs is a proclaimed offender; the allegations levelled in the impugned FIRs is subject matter of FIRs Nos.36/2020 and 40/2020 registered with FIA; the allegations contained in the impugned FIRs can be used as defence by the complainant/Umar Farooq Zahoor but the same cannot constitute offence; if the allegations in FIRs Nos.36/2020 and 40/2020 are proved false, the complainant can initiate proceedings under section 182 P.P.C.; even if the petitions have been filed under an irrelevant provision of law, this Court has jurisdiction to convert the same into a writ petition and grant the relief.
5.    On the other hand, learned counsel for respondents have argued that; the petitioners had forged documents for registration of FIRs Nos.36 and 40 of 2020; the FIRs were registered to defame and blackmail respondent No.2; although respondent No.2 will prove his innocence during trial in FIRs Nos.36 and 40 of 2020, still he has right to file complaint and get a criminal case registered for preparation of forged documents; the petition under section 561-A Cr.P.C. is not competent for seeking quashment of FIR.
6.    Heard. Record perused.
DEVELOPMENTS DURING PROCEEDINGS
7.    Before adverting to merits of the case, it is pertinent to highlight the developments made during proceedings of W.P. No.4200/2022. This petition has been filed seeking quashment of FIR No.465/2022, P.S. Secretariat, Islamabad. During proceedings, the petitioner through C.M. No.4325/2022 sought impleadment of Federal Investigation Agency on the ground that the FIR No.465/2022 was transferred from P.S. Secretariat to FIA. Consequently, the application was allowed on 23.11.2022. On 15.12.2022, the S.H.O. P.S. Aabpara (who was earlier posted as S.H.O. P.S. Secretariat) tendered appearance and informed the Court that he is still investigating the case as the investigations were transferred from one police station to the other under the special instructions of Deputy Inspector General of Police (Operations), Islamabad Capital Territory. He also informed that due to jurisdictional issues, the matter was referred to FIA vide letter, dated 15.11.2022 for further investigations. However, the Deputy Director (Law), FIA informed the Court that the FIA had returned the file back to ICT Police as under Rule 25.7 of the Police Rules, 1934, ICT Police had to cancel the FIR before transferring the same to FIA. Accordingly, on 30.01.2023 this Court was informed by the State Counsel that a report under Rule 25.7 of the Police Rules, 1934 for cancellation of the FIR was prepared. On 26.09.2023, the representative of FIA informed that FIR No.465/2022, P.S. Secretariat stood cancelled under Rule 25.7 of Police Rules, 1934 as the matter was transferred to FIA for investigations. Subsequently, the petitioner filed C.M. No.2815/2023 for placing additional documents on record. The petitioner placed on record copy of FIR No.156/2022 registered at Police Station Secretariat. Perusal of the said FIR shows that it is repetition of the earlier FIR (i.e. FIR No.465/2022, which was transferred to FIA and cancelled under Rule 25.7 of Police Rules, 1934). After cancellation of FIR No.465/2022, the FIA started inquiry by treating the reference from ICT Police as complaint. The Inquiry Officer of FIA started verification process of the complaint under the Federal Investigation Agency (Inquiries and Investigations) Rules, 2002. The Inquiry Officer made attempts to contact the complainant of impugned FIRs-Umar Farooq Zahoor to verify the contents of complaint, however, he did not respond. Therefore, the inquiry officer closed the said complaint with the following observations.-
"During the course of verification and upon receipt of the PS Secretariat Islamabad FIR No.465/2022, Umer Farooq Zahoor (the Complainant) was contacted on his given email address, sheikhumerfarooq@gmail.com on dated 22.02.2023 and 28.02.2023 to ascertain the contents and ownership of the complaint (the PS Secretariat Islamabad's FIR) since it was pointed out in the aforementioned Criminal Petition No.1546 dated 03.12.2022 (instituted) that the Complainant was abroad when the aforementioned police FIR was got registered by him. Despite repeated call-ups, the Complainant did not respond and approach this Agency to ascertain and certify the contents of the complaint and its ownership, in circumspection, the available record of this Agency was scrutinized, and relevant officials of the FIA Lahore were telephonically interviewed to ascertain the veracity of the allegations levelled in the complaint. Consequently, it transpired that the complainant [Umar Farooq Zahoor] is wanted in multiple FIRs of the FIA Lahore viz FIR Nos 343/2020 [PS FIA AHTC Lahore] and 36/2020 and 40/2020 [PS FIA CCC Lahore] etc. The Nonbailable arrest warrants and Proclamation Orders were duly issued against him by the competent courts, and the same are part of the FIA and the Court records. Moreover, he had been subject to INTERPOL Red Notice twice, and Exit Control List (ECL). The IBMS transpires that the complainant was abroad at the time of filing his complaint and registration of FIR No.465/2022 of PS Secretariat Islamabad Police against the ex-DG FIA, the officials of FIA Lahore, and others. Moreover, the order dated 04.06.2022 of Judicial Magistrate Lahore negating issuance of Nonbailable Arrest Warrnats against Umer Farooq Zahoor in the FIA CCC Lahore's FIR 36/2020 and 40/2020, which is agitated by Umer Farooq Zahoor in PS Secretariat Islamabad's FIR 465/2022, has been withdrawn/rectified by the same learned Judicial Magistrate Lahore vide his orders dated 05.11.2022. In view of the limited scope of the instant verification, the copies of aforesaid nonbailable arrest warrants, proclamation orders, court orders, and miscellaneous documents were electronically obtained from relevant officials of the FIA Lahore which controvert the contents of the instant complaint. In view of the aforementioned, it is recommended that the instant complaint be closed on the grounds, inter alia, that the complainant could not associate himself with the complaint despite repeated call-ups and the contents of the complaint are controverted by the FIA and the court record, subject to the approval of the competent authority, please." (These recommendations were subsequently approved by the competent authority on 11.04.2023 and the case was closed).
BACKGROUND OF FIRs.36 and 40 OF 2020, P.S. CCC, FIA, LAHORE.

8.    First Information Report Nos.36 and 40 of 2020 were registered against Umer Farooq Zahoor under sections 408, 409, 419, 420, 467, 471, 108-A, 3 P.P.C. read with sections 3 and 4 of the Anti-Money Laundering Act, 2010 at the Police Station, FIA-CCC, Lahore. In these criminal cases, Umar Farooq Zahoor, who is complainant in FIRs No.465/2022 and 156/2023 registered at Police Station Secretariat, has been declared as "Proclaimed Offender" under section 87 Cr.P.C. vide order, dated 28.05.2021, by learned Judicial Magistrate Section-30, Lahore. As per the above reproduced closure report of FIA, Red Notices through INTERPOL were twice issued against Umar Farooq Zahoor. The referred two criminal cases i.e. FIRs Nos.36 and 40 of 2020 were registered by "State through Federal Investigation Agency (FIA) based on 'source report' under section 3 FIA Inquiry and Investigation Rules, 2022". These criminal cases were investigated by "Syed Ali Mardan" Inspector FIA, Anti-Corruption Circle (petitioner in Crl. Misc. No.987/2023 and Crl. Misc. No.1546/2022).
CONVERSION OF PETITIONS UNDER SECTION 561-A CR.P.C. TO PETITIONS UNDER ARTICLE 199 OF THE CONSTITUTION.