A bare reading of section 160 Cr.P.C. clearly reveals that an Investigating Officer can call for information from any person and ‘any person’ would mean ................

 PLD 2022 Lahore 177

A bare reading of section 160 Cr.P.C. clearly reveals that an Investigating Officer can call for information from any person and ‘any person’ would mean persons including witnesses and even an accused from whom such information is to be solicited. Therefore, a combined reading of sections 160 and 161 Cr.P.C. clearly reveals that the term ‘any person’ even includes an accused person or a person who is suspected of either having a role in the alleged crime in question or who has with him some information which is relevant to the alleged crime in issue. Any person supposed to be acquainted with the facts and circumstances of an alleged crime includes an accused person or even a suspect since such a person is definitely acquainted and familiar with the facts of the alleged crime in question.

What is in issue in the present matter is a mere notice under section 160 Cr.P.C. By means of this notice the presence of the petitioner is required by the FIA so as for the Agency to gauge whether the petitioner has any information or materials with reference to the alleged offence in respect of which the FIA is undertaking the inquiry in question or for that matter whether the petitioner is connected with the offence in issue. This is a statutory obligation and a prescribed duty and cannot be stultified or stalled. Even otherwise, the issuance of a notice for the purpose of participating and aiding in an ongoing inquiry is glaringly not an adverse action that can adversely impact the rights of the petitioner. In other words, the stage whereby this Court can interfere is yet to be reached.

The doctrine of prematurity and ripeness suggests that a matter is not amenable to adjudication in constitutional jurisdiction if it is either premature or not ripe for adjudication inasmuch as the impugned step or the executive act complained of does not give rise to any tangible grievance that can be addressed in law. It may also be that the time of challenge coincides with a yet not complete intervening process leading up to the final act or that an opportunity or chance, besides resort to Constitutional jurisdiction, is still available with the litigant.

There may be some forms of administrative or executive action such as preliminary measures which are mere staging posts midway to some final legally effective decision and which do not directly impact upon the rights or interests of individuals.