NASEEM ANJUM vs DIRECTOR GENERAL, F — 2023 YLR 701 ISLAMABAD

Case information

Citation: 2023 YLR 701 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: YLR
Parties: NASEEM ANJUM vs DIRECTOR GENERAL, F
Subject matter: Criminal
Provisions referred to: Federal Investigation Agency 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

NASEEM ANJUM VS DIRECTOR GENERAL, F.I.A., ISLAMABAD R. 5---Police Rules, 1934, R. 25.7---Constitution of Pakistan, Art. 199---Quashing of FIR---Initiation of inquiry and registration of criminal case---Case which may be lawfully investigated in more local areas than one---Scope---Questions before High Court were whether the Superintendent of Police was empowered to transfer cases registered at a police station to the Federal Investigation Agency and whether the Federal Investigation Agency could have registered fresh criminal cases without complying with the procedure prescribed under the Federal Investigation Agency (Inquiries and Investigations) Rules, 2002---Validity---Before transferring cases to the Federal Investigation Agency, the requirements prescribed under Rr. 24.4 to 25.7 of the Police Rules, 1934, were not complied with---No inquiry was conducted by the Federal Investigation Agency and the criminal cases were registered on the dictation of the Superintendent of Police---Registration of criminal cases by the Federal Investigation Agency in a perfunctory manner besides being in violation of Federal Investigation Agency Act, 1974, read with Federal Investigation Agency (Inquiries and Investigations) Rules, 2002, were also contrary to the principles and law laid down by the Supreme Court in "Mst. Sughran Bibi v. The State" [PLD 2018 SC 595]---Criminal cases registered by the Federal Investigation Agency were quashed---Constitutional petitions were allowed.

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