Lawyers Directory Listing
Unlock direct contact details for up to 10 lawyers so you can call or WhatsApp the right legal professional and move your matter forward with confidence.
1987 P C r. L J 1202
[Lahore]
Before Lehrasap Khan, J
Mst. NOOK SAFIA‑‑Petitioner
versus
DEPUTY DIRECTOR, F.I.A. COMMERCIAL BANK
CIRCLE, LAHORE‑‑RESPONDENT
Writ Petition No. 3521 of 1986, decided on 2nd December, 1986.
(a) Federal Investigation Agency Act (VIII of 1975)‑‑
‑‑‑S. 3 & Sched., Item 14‑‑Criminal Procedure Code (V of 1898), 5.154‑ Embezzlement‑‑Investigation‑‑Offence of embezzlement committed by employee of a Nationalized Bank being a cognizable and scheduled offence, investigation into it, held, would be conducted exclusively by Federal Investigation Agency and case also could be registered by said Agency.
(b) Criminal Procedure Code (V of 1898)‑‑
‑‑‑S. 154‑‑Federal Investigation Agency Act (VIII of 1975), S. 3 & Sched., Item 14‑‑Federal Government‑ Letter No. 1/76‑F.I.A.(I). dated 28‑6‑ 1976‑Constitution of Pakistan (1973), Art. 199‑‑Vires of later, whether repugnant to S. 154, Cr.P.C ‑‑Registration of case‑ ‑Cognizable offence‑‑Officer of F.I.A. exercising powers of an S.H.O., held, was under legal obligation to register a case under S. 154, Cr.P.C. if he was informed of commission of a cognizable offence‑‑Instruction/Policy decision of Federal Government in their letter, dated 28‑6‑1976 being ultra vires of provision of S. 154, Cr.P.C., held, could not be acted upon‑‑Authorities of F.I.A. directed to register case on application of petitioner and investigate into same in accordance with law.
S.M. Nazim for Petitioner.
Respondent in person.
The Deputy Director, F.I.A. has produced a copy of Federal Government's Letter No. 1/176‑FIA(i), dated 28th June, 1976, whereby the Director‑General, F.I.A., Islamabad, has been apprised of the decision that 'in cases where written complaint is received by the F.I.A. regarding any fraud, forgery, embezzlement, etc., from members of the general public, appropriate action should only be initiated after approval of Chairman Banking Council or, in his absence, of a member of the Council, has been received in writing and thereafter investigation should be carried out strictly in accordance with the law'.
2. The offence of embezzlement, if committed, by an employee of a Nationalized Bank is a cognizable offence and it being a scheduled offence, investigation into it has to be conducted exclusively by the Federal Investigation Agency and the case has also to be registered by the said Agency. Under section 154, Cr.P.C. an officer of the F.I.A. exercising the powers of a S.H.O. is under legal obligation to register a case if he is informed of the commission of a cognizable offence. In this view of the matter, the instructions/policy decision contained in the Federal Government Circular letter, dated 28th June, 1976, is ultra vires to the provisions of section 154, Cr.P.C. No other provision of any other law for the time being in force has been pointed out.
3. For the foregoing reasons, the writ petition is allowed and the respondent is directed to register a case on the application of the petitioner and to investigate into the same in accordance with law. No order as to costs.
M.Y.H./N‑‑11/L . Petition allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer