Citation Name: 2023 PCrLJ 1688 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD LATIF vs State Ss

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Citation Name: 2023 PCrLJ 1688 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD LATIF VS State Ss. 419, 420, 468, 471 & 109---Federal Investigation Agency Act, 1974 (VIII of 1975), Ss. 3(1), 4(1) & Sched.---Constitution of Pakistan, Art. 199---Impersonating a candidate during an exam for recruitment in Federal Investigation Agency--- Quashing of FIR---Federal Investigation Agency (FIA)---Jurisdiction to register and investigate an FIR---Through the Federal Investigation Agency Act, 1974 ('the Act'), the FIA, in terms of Schedule to the Act, has been granted jurisdiction to take cognizance in respect of several offences under the Pakistan Penal Code, 1860 ("P.P.C.") which are cognizable by the local police also---For the FIA to exercise its jurisdiction in the matter of offences enumerated in the Schedule to the Act, there has to be some nexus between the offences complained of and the Federal Government---Offences under Ss. 419, 420, 468 & 471, P.P.C., specified in the impugned FIR, are included in the Schedule to the Act---Additionally, the offence of abetment punishable under S. 109, P.P.C. has also been made cognizable by the FIA under S. 3 of the Act---Impugned FIR was registered against the petitioner (accused) when allegedly he was appearing in a computer based test for recruitment in the FIA while impersonating a candidate, therefore, the impugned FIR prima facie discloses commission of the said offence against the agency of the Federal Government---Superintendence and administration of the FIA vests in the Federal Government in terms of S. 4(1) of the Act---FIA was, therefore, possessed of lawful authority to take cognizance in the present case, register the impugned FIR and investigate the same---Neither the petitioner pleaded particulars of mala fide of complainant (Sub-Inspector FIA) or his motive to falsely implicate the petitioner nor has he placed any material on record to establish the same---Constitutional petition seeking quashing of FIR was dismissed, in circumstances. Citation Name: 2023 PCrLJ 1688 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD LATIF VS State art. 199--- Criminal Procedure Code (V of 1898), S. 154---Constitutional jurisdiction of the High Court---Scope---allegations leveled against an accused in the FIR---While exercising constitutional jurisdiction, the High Court cannot determine the falsehood or otherwise of the allegations leveled against the accused, which comes within the exclusive jurisdiction of the Trial Court. Citation Name: 2023 PCrLJ 1688 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD LATIF VS State Proof---Mala fide must be pleaded with particularity---Wage and general allegations have no value in the eye of law. Citation Name: 2023 PCrLJ 1688 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD LATIF VS State Preamble to a statute---Scope---Although preamble to a statute is not operative part thereof, however, the same provides a useful guidance for determining the purpose and intention of the legislature behind the enactment.

Citation Name: 2023 PCrLJ 1688 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD LATIF vs State Ss — 2023 PCrLJ 1688 LAHORE-HIGH-COURT-LAHORE

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