Law: Frontier Crimes Regulation (III of 1901)

Section: 8, 49

Frontier Crimes Regulation (III of 1901), Ss. 8 8c 49 and Constitution of Pakistan (1962), Arts. 98 & 223(5)-Tribal areas--- Part of Pakistan-Warrant of arrest issued at Peshawar by Political Agent, Kurram Agency exercising powers of District Magistrate-Action amenable to writ jurisdiction of High Court despite bar of Art. 223(5)-Commissioner, F. C. R. quashing proceeding under F. C. R. and directing trial of accused under P. P. C.---Complainant unwilling to proceed under P. P. C. and consequently complaint consigned to records-Complainant after sometime moving Political Agent for revival of his case under P. P. C. Political Agent refusing to interfere with previous order of his predecessor-Complainant thereupon moving revision before Commissioner, F. C. R.-Commissioner F. C. R. directing judicial trial of accused under P. P. C. and Political Agent in pursuance of order of Commissioner issuing warrant of arrest-Held: complainant after his complaint had been consigned to records for non prosecution, should, if aggrieved, have had recourse to proper reined v under law-Commissioner, F. C. R. acting in revision under F. C. R. could reverse order passed in proceeding under F. C. R. only-No proceeding other than one falling under F. C. R. could be revived by Commissioner-Order of Commissioner, ir; circumstance, being illegal, all subsequent proceeding initiated ---Proceeding quashed by High Court. Zewar Khan v. The Superintendent, Land Customs, Torkhanr and 2 others Writ Petition No. 29 of 1967 ; The Superintendent, Land Customs, Torkhana (Kltyber Agency) v. Zewar Khan and 2 others P L D 1969 S C 485 ; Abdul Sanri Khan v. Subedar Major Hamesh Gul and another P L D 1958 Lah 1039. The State v. Dosso and another P L D 1958 S C (Pak.) 533 ; Piao Gul v. The State P L D 1960 S C 307 ; Sar Khan v. The SratF P L D 1967 S C 149 ; Jamil Ahmad and another v. The State and 5 others P L D 1969 S C 344 and Yousaf Ali v. Muhammad Alarm Zia and 2 others P L D 1958 S C (Pak.) 104 ref Dates of hearing : 22nd, 23rd, 31st October, 4th November 1968 and 4th November 1969. JUDGMENT A. R. SHEIKH, J.---The facts relevant for the disposal of this writ petition are these. Wazir Ali,…