' MUHAMMAD HASHIM KHAN KAKAR, J.---Petitioner, Muhammad Majid son of Mian Muhammad Sadiq, has been named as an accused in Crime No,102 of 2011, under section 489-F of the Pakistan Penal Code, 1860 (P.P.C.) registered at City Police Station, Chaman, District Killa Abdullah. By this application, filed under section 561-A of the Criminal Procedure Code, 1898 (Cr.P.C.), he seeks quashment of that F.I.R.
2. That succinct germane facts giving rise to instant petition are that the petitioner, allegedly issued some cheques to respondent No,1 in connection with business transaction done in between the parties, which ultimately were dishonoured from the RBS Bank, Dubai United Arab Emirates.
However, respondent No,1 lodged a case vide F.I.R. No,102 of 2011, under section 489-F of the P.P.C., dated 28th December, 2011, against the petitioner, which is so far pending investigation.
3. Mr. Attaullah Langove, learned counsel for the petitioner, has argued that an officer-in-charge of police station is competent to investigate a cognizable offence only when it is committed within the jurisdiction of his police station, as provided under section 156(1) of the Cr.P.C. According to him, as the alleged offence took place not only beyond the prescribed jurisdiction of City Police Station, Chaman, but beyond the territorial limits of Pakistan itself. Officer-in-charge of City Police Station, Chaman is not competent to enquire into the alleged offence, and the F.I.R. Registered against the petitioner deserves to be quashed. He also drew my attention to the provisions of section 188 of the Cr.P.C., to contend that a citizen of Pakistan is liable to stand trial in Pakistan in respect of an offence, which he may have committed beyond the limits of Pakistan as if it had been committed at any place in Pakistan, he, however, contended that the first proviso to section 188 of the Cr.P.C.
Limits the operation of the substantive clause by providing that no charge as to any such offence shall be "inquired into" in Pakistan unless the Political Agent, if there is one, for the territory in which the offence Is alleged to have been committed, certifies that, in his opinion, the charge, ought to be inquired into in Pakistan. However, in respect of a place, when there is no Political Agent, the sanction of the Federal Government shall be necessary. Thus, on this score also the F.I.R. Deserves to be quashed.
4. Mr. Abdul Khair Achakzai, learned counsel for respondent No,1, in reply to arguments mentioned above, contended that the F.I.R. Was competently lodged by the officer-in-charge of City Police Station, Chaman and further urged that the expression "no charge as to any such offence shall be inquired into" does not place any embargo on lodging-of F.I.R. Or investigation by the police.
5. I have considered the arguments of both the learned counsel with due consideration and attention. This petition raises a novel and interesting question of law, viz. Whether an F.I.R., against a person accused of an offence under the Pakistan Penal Code, committed beyond the limits of Pakistan, can be lodged? In order to understand the controversy involved in the matter, it will be appropriate to have a glance at sections 3 and 4 of the P.P.C. And section 188 of the Cr.P.C. Which read as under:--
3. Punishment of offences committed beyond, but which by law may be tried within Pakistan.--- Any person liable, by any Pakistan Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provisions of this Code for any act committed beyond Pakistan in the same manner as if' such act had been committed within Pakistan.
Extension of Code to extra-territorial offences, ---The provisions of this Code apply also to any offence committed by: [(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan];
(2) Omitted by A.O 1961.
(3) Omitted by Ord:.XXV11 of 1981 Second Sch., Item 4.
(4) any person on any ship or aircraft registered in Pakistan wherever it may be. Explanation. In this section the word "offence" includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code.
188. Liability for offences committed outside Pakistan. When a citizen of Pakistan commits an offence at any place without and beyond the limits of Pakistan, or ' when a servant of the State (whether a citizen of Pakistan or not) commits an offence in [a tribal area,] or ' when any person commits an offence on any ship or aircraft registered in Pakistan wherever it may be, he may be dealt with in respect of such offence as if it had been committed at any place within Pakistan at which he may be found.
6. Accumulative reading of sections 3 and 4 of the P.P.C. As well as section 188 of, the Cr.P.C., shows that these provisions confer extraterritorial jurisdiction on the criminal Courts in Pakistan over Pakistani citizens in respect of acts committed by them outside Pakistan. The application of Pakistan Penal Code has been extended to offences Provided therein when committed by a citizen of Pakistan even in any country other than Pakistan itself by the provision made in section 4 of that Code. It, therefore, focuses that the Penal provisions of the Pakistan Penal Code will be attracted if any citizen of Pakistan commits such offences even beyond the territories of the country.
7. Similarly, in section 188 of the Cr.P.C., it is provided that when a citizen of Pakistan commits an offence at any place without and beyond the limits of Pakistan, he may be dealt with in respect of such offence as if it had been committed at any place within Pakistan at which he may be found.
The first proviso to this section prohibits the conduct of an inquiry into such offences unless it is certified by the Political Agent of Pakistan in that 'country where offence has been committed that in his opinion the charges are to be inquired into in Pakistan. In case where there is no Political Agent, sanction of the Federal Government will be necessary. The said provisions of law clearly demonstrate that the accusation cannot be inquired into without the required certificate, but the bar does not extend to mere registration of the F.I.R. Under section 154 of the Cr.P.C, and nowhere a condition has been laid to obtain such a certificate before registration of F.I.R. Admittedly, the sanction under section 188 of the Cr.P.C. Is a procedural requirement and can be produced even after submission of challan in a Court of competent jurisdiction. It, therefore, follows that the required sanction can be secured even after submission of challan in order to inquire into the charge.
8. In view of the above discussion, I do not consider this to be a fit case where F.I.R., relating to the offence in question may be quashed. In order to comply with the provisions of law contained in section 188 of the Cr.P.C., it will be open to the complainant and investigating authorities to secure the required sanction to be able to inquire into the charge and take further action as may be found to be in accordance with law.
Petition being without merits, is dismissed.