Law:

Section:

(a) Words and phrases--- ...... Complaint"---Meaning. Oxford Dictionary and Chambers Twentieth Century Dictionary ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 4(1)(h)---"Complaint"---Definition---Definition of "complaint" in Criminal Procedure Code, 1898 is expressly restricted to the Code and to no other law, even if it be partaking of the subject covered by the Cr.P.C. (c) Emigration Ordinance (XVIII of 1979)--- ----S. 24(6)---Criminal Procedure Code (V of 1898), S.4(1)(h)--='Complaint"--- Word "complaint" occurring in S.24(6) of the Emigration Ordinance, 1979 having not been defined in the said Ordinance, there was no compulsion in the Criminal Procedure Code, 1898, that definition of "complaint" be read in the Emigration Ordinance, 1979 nor there was any compulsion in the Emigration Ordinance, 1979 to follow the definition of "complaint" given in the Code. (d) Emigration Ordinance (XVIII of 1979)--- ----S. 24(6)---Complaint---Report or a writing of a Police Officer would be and is as much a complaint as that of any other officer or even of a citizen written on a bare piece of paper. Oxford Dictionary and Chambers Twentieth Century Dictionary ref. (e) Emigration Ordinance (XVIII of 1979)--- ----Ss. 17 & 22---Federal Investigation Agency Act (VIII of 1975), S.3--­Offences under Emigration Ordinance, 1979 having been mentioned in the Schedule of Federal Investigation Agency Act, 1974, it was only Federal Investigation Agency who could record F.I.R. and investigate the offences mentioned in Ss.17 & 22 of the Emigration Ordinance, 1979. (f) Emigration Ordinance (XVIII of 1979)--- ----S. 24(6)---Word "complaint" occurring in S.24(6) needs liberal interpretation rather than technical one as given in Cr.P.C.--[Interpretation of statutes]. (g) Emigration Ordinance (XVIII of 1979)--- ----S. 24(6)---Interest of accused is safeguarded by providing in S.24(6) of the Ordinance that the complaint must be accompanied by sanction of the Federal Government. JUDGMENT Manzoor Ahmad Akhtar petitioner in Writ Petition No. 7716/90 and Writ Petition No. 8699/94 Tanvir Ahmad petitioner in Writ Petition No.1512/92 are facing trial in the Court of Special Judge…

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