MUNIR AHMAD BHATTI vs DIRECTOR, FIA CYBER CRIME WING, LAHORE Rr — 2022 PLD 664 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 664 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: MUNIR AHMAD BHATTI vs DIRECTOR, FIA CYBER CRIME WING, LAHORE Rr
Subject matter: Criminal
Provisions referred to: S. 155; S. 20; S. 43; Crimes Act (XL of 2016); Criminal Procedure Code (V of 1898); Crimes 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

MUNIR AHMAD BHATTI VS DIRECTOR, FIA CYBER CRIME WING, LAHORE Rr.3 & 4---prevention of electronic Crimes Act (XL of 2016), Ss.20 & 43---Criminal Procedure Code (V of 1898), Ss. 22-A, 22-B & 154---Constitution of Pakistan, Art. 199---Constitutional petition---Initiation of action by Federal Investigation Agency---Cyber crime---Non-cognizable and compoundable offence---Petitioner was aggrieved of dismissal of his application by Ex-officio Justice ofPeace declining direction to Federal Investigation Agency for registration of FIR---Validity---Provision of R. 7(5) of Federal Investigation Agency (Inquiries and Investigations) Rules, 2002 ordained that non-cognizable offences were to be dealt with according to S.155, Cr.P.C., and permission of competent Court was necessary for investigation---Some preliminary inquiry was permissible even in such category of cases---Allegation levelled by petitioner against respondent attracted S.20 of prevention ofelectronic Crimes Act, 2002, which was a non-cognizable and compoundable offence in terms of S.43 of prevention ofelectronic Crimes Act, 2002---Federal Investigating Agency initiated inquiry on the complaint of petitioner which was pending---Ex-officio Justice of Peace rightly directed Inquiry Officer to conclude it expeditiously and asked the parties to wait for its outcome---Alleged offence was non-cognizable and FIR could not be ordered to be registered in any eventuality---High Court declined to interfere in order passed by Ex-officio Justice of Peace, as petitioner failed to point out any legal infirmity in order---Constitutional petition was dismissed, in circumstances.

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