Law: Pakistan Penal Code, 1860

Section: 489F

Law: Pakistan Penal Code, 1860

Section: 489F

Law: Criminal Procedure Code (V of 1898)

Section: 188,22A,154

(a) Penal Code (XLV of 1860)--- ----S. 489-F---Provision of S.489-F, C.P.C. is a valid and living law. 2005 PCr.LJ 1462 fol. (b) Criminal Procedure Code (V of 1898)---- ---S. 188---Interpretation, scope and applicability of S.188, Cr.P.C. Section 188, Cr.P.C. is only attracted if there is any Political Agent in the area where occurrence took place. As far as first part of section 188, Cr.P.C. is concerned, it applies only to a citizen of Pakistan when he commits an offence at any place without or beyond the limits of Pakistan and if there is no Political Agent, the sanction of Federal Government shall be required. Sanction under section 188, Cr.P.C. is a procedural requirement and can be produced even after submission of challan in a Court of competent jurisdiction. Permission can be secured even after submission of challan. NLR 1999 SD 217 and PLJ 2005 Lah. (sic) ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 154---Penal Code (XLV of 1860), S.489-F---Police Rules, 1934, R.25.2---Constitution of Pakistan (1973), Art.199---Constitutional petition---Registration of case---Existence of correct or incorrect fact was not a requirement; requirement was that the information must disclose commission of a cognizable offence---Question as to impact of cheques issued by a company or signed on behalf of a company required investigation, which could not be undertaken under constitutional jurisdiction---High Court dismissed the constitutional petition with specific directions to the Investigating Officer observing that fair and independent investigation was statutory right and at the same time obligation of police---Courts could neither directly interfere nor influence investigating Officer in investigation---Investigating Officer was further directed to bear in mind his responsibility and seek guidance from R.25.2 Police Rules, 1934. ORDER SYED SHABBAR RAZA RIZVI, J.---The petitioner filed this writ petition challenging the order of the learned Sessions Judge, Islamabad dated 14-7-2005 passed by the learned Sessions Judge, Islamabad whereby F.I.R. No. 192 of 2005 was registered under section 489-F, P.P.C. at P.S. Kohsar, Islamabad. 2. The learned counsel offered…

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