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JUNAID MASEEH vs State Ss — 2022 PCrLJ 1331 ISLAMABAD

Case information

Citation
2022 PCrLJ 1331 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PCRLJ
Parties
JUNAID MASEEH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 173---C; S. 173; S. 13; Criminal Procedure Code (V of 1898); Official Secrets Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JUNAID MASEEH VS State Ss. 3, 4 & 13---Constitution of Pakistan, Art. 199---Criminal Procedure Code (V of 1898), S. 173---Constitutional petition---Quashing of FIR---Spying---Communication with foreign agents to be evidence of commission of certain offences---Restriction on trial of offences---Scope---Petitioner was a civil servant and was being investigated under Ss. 3 & 4 of Official Secrets Act, 1923---Person sought quashing of FIR on the basis that the court can take cognizance in the matter only on the complaint of authorized officer of the Government of Pakistan and not on basis of challan/report under S. 173, Cr.P.C.---Law did not prohibit lodging of the FIR, investigation of the matter and arrest of the accused in an offence under the Official Secrets Act, 1923---However, it was only when the matter is to be proceeded by the Court by taking cognizance in the same, the complaint by an authorized officer is required---Registration of the case by Federal Investigation Agency and subsequent investigation in the matter was also deemed to be permissible in light of proviso to subsection (3) of S. 13 of the Official Secrets Act, 1923---Constitutional petition was dismissed.

Other judgments reported in 2022 PCRLJ

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