Law:

Section:

(a) Criminal Procedure Code (V of 1898) -- Ss. 188 & 4(1)(k)-Inquiry, scope of-Trial or judicial enquiry by Magistrate-Not restricted by first proviso to S. 188. (b) Criminal Procedure Code (V of 1898) -- S. 188-Expression "no charge as to any offence shall be inquired into in Pakistan"-Does not refer to trial or inquiries conducted by a Magistrate under Chap. XVIII. (c) Interpretation of statutes- Two interpretations possible-One favourable to subject to be adopted. (d) Criminal Procedure Code (V of 1898) --- S. 188-Petitioner, Pakistani subject, committing embezzlement in foreign country-Sanction of Federal Government needed for inquiry into charge against petitioner. JUDGMENT The petitioner in this case is aggrieved by the registration of F. I. R. No. 44 dated 3-2-1979 at Police Station, Saddar Sialkot, whereby he is accused to have deprived his former employer Messrs Hima Trading & Contracting Company, Musqat-Oman of a sum equivalent to Pak. Rs. 1,38,000. 2. The brief facts of the case are that the petitioner was serving as an Accountant with Messrs Hima Trading and Contracting Company, Musqat. Having completed two years service with the company he came over to Pakistan on a month's leave, returned to Musqat in January, 1979, took over the charge of his post on 16-1-1979 and drew several cheques on the account of his employer with the bankers at Musqat equivalent to Pakistani Rs. 1,38,000 in the aggregate which he is accused to have embezzled. An F. 1. R. was lodged at Police Station, Saddar Sialkot, on the. complaint of one A. H. Malik for an offence under section 408, P. P. C. 3. The learned counsel for the petitioner. has drawn my attention to the provisions of section 188, Cr. P. C. to contend that a citizen of Pakistan is liable to stand trial in Pakistan in respect of an offence which he may have committed without and beyond the limits of Pakistan as if it had been . committed at any place in Pakistan. He, however, contends that the first proviso to section 188, Cr. P. C. limits, the operation of the substantive clause by providing that no charge as to any such offence shall be "enquired into" in Pakistan unless the political Agent, if there…

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