Section 497 (2) of the Immigration Ordinance (XVIII of 1979), Articles 17 and 22 illegal immigration to provide illegal employment, etc., was charged with receiving money, bail, and further inquiry against the accused, saying that he received some money. The allegations of sending the complainant and his sister abroad were that the money dispute between the parties was turned into a present criminal case by the complainant. That the filing of the FIR was delayed by two years. During the investigation of this case it was on record that there was less money left against the accused than against the complainant's claim, and that money was owed in connection with another case. That the prosecution's witnesses were internationally concerned. That no other such case was ever filed against the accused. During the investigation, nothing was recovered from the accused. The offense with which the accused was charged does not fall under the prohibition clause of section 497, CCPC, and that the defendant's mother submitted an affidavit during the interrogation That the financial dispute has been resolved in which the legitimate version of the complainant was not established in respect of the amount of money as the correct accused had received the physical remand but nothing was recovered from his possession. During the investigation of the case, the accused's mother submitted an affidavit, in which she explicitly supported the defendant's statement that the financial dispute was in relation to another matter, fined Section 22 of the Immigration Ordinance 1979. Alternative punishment was given, therefore the offense did not come under the prohibited clause of section 497, the accused was presented against PC challan and his investigation
Related judgments — Lahore High Court Lahore, 2012
