2007 PLP 1135 (YLR)
Rana RIAZ AHMAD and others — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 1135 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sardar Muhammad Aslam, J |
| Parties | Rana RIAZ AHMAD and others — Petitioners Versus THE STATE — Respondent |
| Primary Law | West Pakistan Anti-Corruption Establish ment Ordinance (XX of 1961) |
Q1: What are the key laws and sections cited in 2007 PLP 1135 (YLR)?
This judgment primarily cites: West Pakistan Anti-Corruption Establish ment Ordinance (XX of 1961) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1135 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sardar Muhammad Aslam, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1135 (YLR) (Rana RIAZ AHMAD and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Iqbal Ahmad Khan for Petitioners.
Headnotes / Summary
S. 8
Petitioner had impugned orders, whereby Special Judge directed remission of file to the Anti-Corruption Establishment for investigation according to law; and then send a report under S.173, Cr. P. C.
Investigation conducted by the local police was neither subservient to nor governed by subordinate legislation provided in Rules as S.8 of West Pakistan Anti-Corruption Establishment Ordinance, 1961, was enacted in addition to all other provisions of law
Impugned order was set aside
Challan having been submitted in the Court, trial would commence from the stage of framing of charge. Shafaqat Hussain and another v. Malik Sarfraz and another 2000 PCr.LJ 1995-DB and M. Abdul Latif's case 1981 SCMR 1101 rel. Ahmad Rauf Deputy Prosecutor General for the State.
Judgment & Decree
SARDAR MUHAMMAD ASLAM, J.
The petitioner, through this petition, impugned the orders dated 8-4-2006 and 8-7-2006 whereby the learned Special Judge directed remission of file to the Anti-Corruption Establishment, Sheikhupura for investigation according to law and then send, a report under section 173, Cr.P.C. The case was adjourned to 3-6-200b. On 3-6-2006 he observed that the matter is pending in High Court at the instance of the petitioner; therefore, the proceedings be postponed. On 8-7-2006, he again recorded the order in the order sheet, that in view of pendency of petition before this Court, final judgment will not be announced and fixed- the case for framing of charge, which order is under challenge.
2. This Court in Criminal Revision No.311 of 2006 while placing reliance in Shafaqat Hussain and another v. Malik Sarfraz and another (2000 PCr.LJ 1995-DB), had held that the investigation conducted by the Local Police is neither subservient nor governed by subordinate legislation contained in the rules as section 8 of the West Pakistan Anti-Corruption Establishment Ordinance, 1961. The same is in. addition to all other provisions of law. Reliance was placed on M. Abdul Latif's case (1981 SCMR 1101). In this view of the matter this petition is allowed, the impugned orders are set aside. Challan has been submitted in Court. Trial shall commence from the stage of framing of charge. H.B.T./R-4/L Revision allowed.