Law: Pakistan Penal Code, 1860

Section: 409

Law: West Pakistan Anti Corruption Establishment Ordinance (XX of 1961)

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 156,161

Penal Code (XLV of 1860)--- ----S. 409---Prevention of Corruption Act (II of 1947), S.5---West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961), S.3---Constitution of Pakistan (1973), Art.199--Constitutional petition-- Petitioner, a public servant, was an accused person in an F.I.R. registered under S.409, P.P.C., but during investigation another F.I.R. was registered against the accused with Police Station Anti-Corruption Establishment and challan had been submitted before the Special Judge, Anti-Corruption---Validity---F.I.R. registered with Anti-Corruption Establishment had restated the factual contents of the first F.I.R. and had merely added the additional offence under S.5 of the Prevention of Corruption Act, 1947---Accused could have no justifiable grievance against the second FIR., because scheduled offences against public servants could only be inquired and investigated by the Anti-Corruption Establishment, being a statutory mandate under S.3 of the West Pakistan Anti-Corruption Establishment Ordinance, 1961 read with the Punjab Anti-Corruption Establishment Rules, 1985---Neither investigation by the police in the first F.I.R. was ever completed, nor any challan was submitted in the Court---Since the accused was a public servant, the matter stood transferred to Anti-Corruption Establishment according to mandate of law---Constitutional petition was dismissed accordingly. Ghulam Siddique v. S.H.O., D.G. Khan and 8 others PLD 1979 Lah. 263 distinguished. ORDER UMAR ATA BANDIAL, J.---The petitioner is an accused in case F.I.R. No.421 dated 29-10-2004 under section 409, P.P.C. registered at Police Station City Mianwali. The investigation into the case by the police was underway when F.I.R. No.11 dated 28-8-2005 A was registered with Police Station Anti-Corruption Establishment Mianwali ("ACE"). The challan by the ACE was finalized on 17-10-2006 and has since been duly submitted before the learned Special Judge, Anti-Corruption. 2. The learned counsel for the petitioner seeks quashment of the F.I.R. registered by the ACE on the legal ground that under the law only one F.I.R. can be lodged to report the commission of a crime. In this regard he…

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