ABDUL WAQEEL vs State S — 2025 PLD 206 PESHAWAR-HIGH-COURT

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ABDUL WAQEEL VS State S. 22-a---Registration of cross-version in presence of FIR, registered by Federal Investigation agency (FIa)---Legality---Petitioners filed constitutional petition against the order passed by the Ex-officio Justice of Peace whereby on the application under S.22-a, Cr.P.C., filed by respondent, the concerned SHO was ordered to record her (respondent's) cross-version---allegation/assertion of the respondent was that on fateful day, he was at his shop along with his uncle, the petitioners arrived in two vehicles, armed with firearms; that the petitioners allegedly abused and assaulted his uncle, stole Rs. 1,600,000 from the shop, took important documents and forcibly snatched mobile phones and Rs. 5,000 from his pocket and abducted his uncle---Respondent claimed that he reported the incident the same day via daily diary No. 22, but no action was taken---Consequently, respondent approached the Ex-officio Justice of Peace, leading to the issuance of impugned order---Validity---In the instant case, the FIR had already been registered by the FIa against the respondents' party---FIa operated under its special laws, including the Federal Investigation agency act, 1974, and was primarily responsible for investigating offenses related to federal statutes, including cybercrimes, financial frauds, human trafficking, and offences under special laws---On the other hand, local police operated under the Code of Criminal Procedure, 1898, (Cr.P.C.) and the Pakistan Penal Code, 1860, (P.P.C.) for general criminal offenses---Since both agencies function in different spheres, the clubbing of a complaint as a cross-version in a case already registered under FIa's domain raised legal and procedural complications---Ex-Officio Justice of the Peace, under S. 22-a(6), Cr.P.C, had the power to direct Police Officials to register FIR if a cognizable offense was made out---However, that power generally applied to local police and did not automatically extend to specialized investigation agencies like FIa, NaB or aNF unless a particular law permitted it---Moreover, cross-version cases were typically entertained where both versions would fall under the same jurisdiction (i.e., within the police domain)---Justice of Peace might have overstepped jurisdiction by directing that FIa-registered FIR be clubbed with another complaint as a cross-version case when the agencies had separate investigative mandates---Legally, FIa case could not be merged with a case investigated by local police since both agencies derived their authority from different legal frameworks---Thus, unless the allegations in the cross-version complaint related to the same federal law under which the FIa's, FIR was registered, the Ex-officio Justice of Peace lacked jurisdiction to order such clubbing---Constitutional petitions were allowed, accordingly.

ABDUL WAQEEL vs State S — 2025 PLD 206 PESHAWAR-HIGH-COURT

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