PAKISTAN ENGINEERING COUNCIL vs FEDERAL INVESTIGATION AGENCY Ss — 2023 MLD 1945 ISLAMABAD

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PAKISTAN ENGINEERING COUNCIL VS FEDERAL INVESTIGATION AGENCY Ss. 409, 420, 467, 468 & 471---Prevention of Corruption act (II of 1947), S. 5(2)---Pakistan Engineering Council act, 1975 (V of 1976), S. 27---Constitution of Pakistan, art. 199---Constitutional petition---Quashing of FIR---Renewal and upgradation of licenses---Petitioner/ Engineering Council sought quashing of FIR registered with Federal Investigating agency with regard to renewal and upgradation of licenses on the basis of fake documents---Validity---allegations mentioned in FIR were mainly related to renewal and upgradation of licenses on fake documents in connivance with employees of the Council---Renewal or upgradation of licenses was one of the functions of the Council described under Pakistan Engineering Council act, 1976---Council was the competent forum to examine whether any license was validly renewed or upgraded---For such reason relevant statute explicitly barred jurisdiction of Courts unless a complaint was made by the Council---When the Council in exercise of its powers under Pakistan Engineering Council act, 1976, reached to a conclusion that any renewal or upgradation was without lawful authority and result of connivance of its employees, it was only then that the a complaint would be sent for trial of the offences mentioned in S. 27 of Pakistan Engineering Council act, 1976, to Court of a Magistrate of the First Class---Determination of the Council regarding allegation of commission of offences mentioned in S. 27 of Pakistan Engineering Council act, 1976, was a pre-condition to presume that any employee of the Council could have been complicit in relation thereto---act of registration of FIR by Federal Investigating agency was in disregard to the explicit bar contained under S. 27(6) of Pakistan Engineering Council act, 1976---High Court quashed the FIR, as registration of criminal case and subsequent proceedings would be an exercise in futility, wastage of time and abuse of the process of the Court in view of the explicit bar contained in S. 27(6) of Pakistan Engineering Council act, 1976---High Court directed Pakistan Engineering Council to consider allegations mentioned in the complaint and proceed with the matter strictly in accordance with law---Constitutional petition was allowed accordingly. Citation Name: 2023 MLD 1945 ISLAMABADBookmark this Case PAKISTAN ENGINEERING COUNCIL VS FEDERAL INVESTIGATION AGENCY Inconsistency in laws---Principle---In case of any inconsistency between provisions of two statutes in respect of a matter, the provisions of a statute enacted later in time prevail.

PAKISTAN ENGINEERING COUNCIL vs FEDERAL INVESTIGATION AGENCY Ss — 2023 MLD 1945 ISLAMABAD

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