JUNAID MASEEH vs State S — 2023 MLD 47 ISLAMABAD

Case information

Citation: 2023 MLD 47 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: MLD
Parties: JUNAID MASEEH vs State S
Subject matter: Criminal
Provisions referred to: S. 13---L; S. 3; S. 13; Law Reforms Ordinance (XII of 1972); Official Secrets Act; Law Reforms Ordinance

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 S. 13---Law Reforms Ordinance (XII of 1972), S. 3(2) proviso---Intra Court Appeal--- Maintainability--- Quashing of FIR---Appellant/accused sought quashing of FIR registered against him by Federal Investigating Agency---Validity---Appellant/accused failed to identify any error of law or illegality in order passed by Single Judge of High Court, warranting interference by Division Bench of High Court---Contents of FIR prima facie spelt out offence under provision of law pursuant to which FIR was registered---No embargo was placed under S. 13(3) of Official Secrets Act, 1923 which pertained to taking cognizance of an offence by a Court---Provisions of Civil Servants (Efficiency and Discipline) Rules, 2020 pertained only departmental action and could not substitute or preclude investigation or prosecution of a criminal offence---Division Bench of High Court declined to interfere in judgment passed by Single Judge of High Court in view of bar contained in proviso to S. 3(2) of Law Reforms Ordinance, 1972---Intra Court Appeal was dismissed, in circumstances.

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