Through this constitutional petition, Rashid Abbas petitioner/accused has challenged the validity of impugned notice No. E-22/2020 whereby he (petitioner) was directed to join the inquiry proceedings before Respondent No. 2/Sub-Inspector FIA, Multan on the basis of application submitted by Farasat Ali Qureshi Hashmi Respondent No. 13 before Deputy Director FIA, Multan.
2. Brief facts of the case are that Respondent No. 3 got registered a case FIR No. 1462/2019 dated 08.11.2019 offence under section 380, PPC against the petitioner and bank officials at police station Gulgasht Multan with the allegation that he (petitioner) committed theft of car, motor-cycle, credit card as well as debt card and other articles from the house of the Respondent No. 3 and thereafter the petitioner with the connivance of bank officials misused the credit card and debit card. The petitioner was arrested by the police in the aforesaid case and was produced before the Learned Magistrate for seeking his physical remand but he was discharged by the learned trial Court vide order dated 12.11.2019. The District Public Prosecutor challenged the said order through revision petition which was dismissed by learned Addl. Sessions Judge, Multan vide order dated 05.12.2019.
Being aggrieved by the said order, the Respondent No. 3 filed writ petition No. 19740 of 2010 before this Court; that during the proceedings of said writ petition, Respondent No. 3 filed an application with similar allegation before Deputy Director FIA, Multan and subsequently he was summoned through impugned notice No E-22/2020 to join the inquiry proceedings before Respondent No. 2/Sub-Inspector FIA, Multan which has been assailed by the petitioner through this constitutional petition.
3. Arguments heard. Record perused.
4. It has been noticed that pertaining to instant occurrence, Respondent No. 3 has already lodged case FIR No. 1462/2019 dated 08.11.2019 offence under section 380, PPC against the petitioner and bank officials at police station Gulgasht Multan. The petitioner was arrested in the aforesaid case and he was produced by the police before the learned Magistrate 1st Class, Multan for seeking his physical remand but he was discharged by the said Court vide order dated 12.11.2019. Against the said order, the District Public Prosecutor filed revision petition which was dismissed by learned Addl.
Sessions Judge, Multan vide order dated 5.12.2019. Thereafter the Respondent No 3 approached this Court through writ petition No 19740/2019. During the proceedings of said writ petition, the Respondent No. 3 regarding the same occurrence, submitted another application before Deputy Director FIA, Multan, and thereafter he was summoned through impugned notice No. E-22/2020 to join the inquiry proceedings before Respondent No. 2/Sub-Inspector FIA, Multan without taking into consideration the aforementioned facts. The aforesaid writ petition (19740 of 2019) has been accepted by this Court vide order dated 27.05.2021 and orders of both the Courts below have already been set aside. While seeking guidance from cases law reported as "Mst. Sushran Bibi vs. The State" (PLJ2018 SC 391), Rehmat Khan vs. D.G Intelligence and Investigation(Customs and Excise) (PLD 2000 Karachi 181) and Mark Mifsud Mrs. Rosemarie Morley and another vs. Investigating Officer, Customs, Karachi and 2-others (PLD 1999 Karachi 336) I am of the considered view that, FIA authorities are not competent to summon the petitioner to join the inquiry proceedings on the basis of same allegations leveled by Respondent No. 3 in his application submitted by him before Respondent No. 1/Deputy Director FIA, Multan. The petitioner cannot be vexed twice and prosecuted or punished for the same offence.
5. For what has been discussed, instant petition is accepted and impugned notice No. E-22/2020 issued by Respondent No. 2/Sub-Inspector FIA, Multan, whereby petitioner was directed to join the inquiry proceedings before Respondent No. 2 is set aside.