Case Details

Citation(s)
2004 SLG 1052 2004 SLD 1052 2004 SCMR 868
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1258 L of 2002, decision dated: 30-04-2002.(On appeal from the judgment dated 3 4 2002 passed by Lahore High Court, Lahore in Writ Petition No.5370 of 2002)
TANVIR AHMED KHAN AND KHALIL UR REHMAN RAMDAY, JJ
Syed Nisar Ali Shah, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate on-Record for Petitioner. Nemo for
Respondent

MUHAMMAD YASIN

VS

S.S.P. and others

Law:

Section:

Penal Code (XLV of 1860)--- Ss. 420/466/468/471/148/149 Criminal Procedure Code (V of 1898), S.154 Constitution of Pakistan (1973), Arts. 185(3) and 199 ¬Constitutional petition Quashing of F.I.R. Petitioner (one of the accused persons) being a public servant sought quashing of F.I.R. on the ground that only Anti Corruption Establishment was competent to register criminal case against him and investigate the same High Court dismissed Constitutional petition Validity Officer in charge of police station had power under S.154. Cr.P.C., to record F.I.R. on receiving information disclosing commission of cognizable offence Offence under S.420, P.P.C., was at least one such cognizable offence If presumed for sake of arguments that such F.I.R. could be registered only by Anti-¬Corruption Establishment, even then same was protected by law declared in the case "State v. Bashir and others" PLD 1997 SC 408 No exception could be taken to the impugned order Supreme Court dismissed petition and refused leave. State v. Bashir and others PLD 1997 SC 408 rel. ORDER KHALIL UR REHMAN RAMDAY, J. One Ch. Khurshid Hussain informed the S.S.P. of Faisalabad inter alia, that his daughter Mst. Samina was married to one Kamal ud din on 28 9 1995 who went away to London on 1 7 1999, on a visit visa; that the said Kamal ud din contracted a second marriage in England; that the applicant's daughter informed the Home Secretary of U.K. about the earlier marriage of the said Kamal ud din with her; that in order to defend himself against any possible action in U.K., the said Kamal ud din prepared a forged divorce notice dated 2 8 1997 with the connivance of one Yasin who was the Secretary of the concerned Union Council and others and a fake certificate of divorce dated 28 7 2000 was also prepared. It was alleged that in the circumstances the said Kamal ud din, Yasin and others had committed offences punishable under sections 420/466/468/471/148/149 of the P.P.C. Finding this application to be an information relating to the commission of…
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