JAVAD KHAN vs State Ss — 2023 PCrLJ 1092 ISLAMABAD

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

JAVAD KHAN VS State Ss. 29 & 44---Penal Code (XLV of 1860), Ss. 419 & 420---Two sets of offences, cognizance of---Principle---Federal Investigating Agency is the designated agency under S. 29 of Prevention of Electronic Crimes Act, 2016 and is not vested with jurisdiction to investigate allegations that attract offences under P.P.C., merely because they relate to the actions that attract an offence under Prevention of Electronic Crimes Act, 2016---In such case, proviso of S. 30 of Prevention of Electronic Crimes Act, 2016, provides for creation of a JIT to facilitate related investigations and at the culmination of such investigation it is for FIA to file a challan before Special Court designated under S. 44 of Prevention of Electronic Crimes Act, 2016 and for the police authorities to undertake criminal proceedings and file a challan before a Trial Court competent to take cognizance of an offence under P.P.C. Citation Name: 2023 PCrLJ 1092 ISLAMABADBookmark this Case JAVAD KHAN VS State Ss. 13, 14, 29 & 30---Penal Code (XLV of 1860), Ss. 419 & 420---Constitution of Pakistan, Art. 199---Constitutional petition---Cyber-crime and cheating---Non-cognizable offences, investigation of---Two sets of offences---Petitioner sought quashing of FIR with the plea that offence under S. 14 of Prevention of Electronic Crimes Act, 2016, was not a cognizable offence and could not be registered without seeking prior permission form a Court and those under P.P.C. could not be investigated by FIA---Validity---Charge against petitioner was that he was liable for an offence under S. 14 of Prevention of Electronic Crimes Act, 2016---In view of S. 43 of Prevention of Electronic Crimes Act, 2016, the offence was non-cognizable and consequently FIA could not have taken cognizance of it without seeking prior permission from a Court of competent jurisdiction---This was not done by authorities and cognizance of offence under S. 14 of Prevention of Electronic Crimes Act, 2016 and steps taken subsequent to such cognizance by FIA were devoid of legal authority---Federal Investigating Agency, as investigation agency designated under S. 29 of Prevention of Electronic Crimes Act, 2016, was devoid of authority to investigate offences under P.P.C. through joinder of such offences with offences under Prevention of Electronic Crimes Act, 2016---Federal Investigating Agency could not have therefore registered a complaint under Ss. 419 & 420, P.P.C. and investigate the same---High Court declared that FIA was devoid of legal authority to registered FIR, which was liable to be quashed---Federal Investigating Agency could seek appropriate permission from Court of competent jurisdiction to take cognizance of alleged offence committed by petitioner under S. 14 of Prevention of Electronic Crimes Act, 2016---Actions attributed to petitioner constituted offences under P.P.C. also, therefore, complainant was within his right to file a complaint with police authorities so that FIR could be registered in exercise of authority under Cr.P.C.---Constitutional petition was allowed accordingly.

JAVAD KHAN vs State Ss — 2023 PCrLJ 1092 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 PCRLJ