2007 PLP 3008 (YLR)
Syed ASGHAR ALI SHAH — Petitioner Versus Sh. LIAQAT ALI, SPECIAL JUDGE, ANTI-CORRUPTION, LAHORE and 2
| Citation | 2007 PLP 3008 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian Muhammad Najam-uz-Zaman, J |
| Parties | Syed ASGHAR ALI SHAH — Petitioner Versus Sh. LIAQAT ALI, SPECIAL JUDGE, ANTI-CORRUPTION, LAHORE and 2 |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2007 PLP 3008 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 3008 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian Muhammad Najam-uz-Zaman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3008 (YLR) (Syed ASGHAR ALI SHAH — Petitioner Versus Sh. LIAQAT ALI, SPECIAL JUDGE, ANTI-CORRUPTION, LAHORE and 2). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.409
West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961), Sched
Special. Judge, Anti-Corruption, had sent the case to the Anti-Corruption Establishment for re-investigation on the ground that the same had been investigated by the local police
Investigation conducted by the ordinary police qua the office falling within the schedule of West Pakistan Anti-Corruption Establishment Ordinance, 1961, was valid and proceedings could not be quashed on that ground
Impugned order had been passed at the fag end of the trial when the case was fixed for recording the statements of accused under S. 342, Cr. P. C.
Impugned order was not sustainable and the same was set aside accordingly with the direction to Trial-Court to decide the. case on merits expeditiously. Shafaqat Hussain and another v. Malik Sarfraz and another 2000 PCr.LJ 1995 rel. Sheikh Ghias ud Din for the Petitioner. Muhammad Ali Dogar for the Respondent No.2.
Judgment & Decree
MIAN MUHAMMAD NAJAM -UZ-ZAMAN, J.
Petitioner is complainant of case F.I.R. No.419/98 dated 5-9-1998 for the offence under section 409 P.P.C. registered at Police Station North Cantt., Lahore. During the trial it was brought to the notice of Special Judge, Anti-corruption, Lahore that the investigation of this case was conducted by the local police and not by the Anti-Corruption Establishment and the learned trial Court while keeping in view the said circumstances of this case vide order dated 6-4-2006 directed that the matter be re-investigated by the Anti-Corruption Establishment, Lahore and submit .report under section 173, Cr.P.C. Through this constitutional petition legality of the said order has been challenged on the grounds that in case titled Shafaqat Hussain and another v. Malik Sarfraz and another (2000 PCr.LJ 1995), the Division Bench of this Court has already held that if the investigation is conducted by the ordinary police qua the offence falling within the Schedule of West Pakistan Anti Corruption Establishment Ordinance, 1961, the said investigation is valid one and proceedings cannot be quashed. Learned counsel representing the respondent while conceding to the proposition .already settled by the Division Bench of this Court submits that the impugned order is not sustainable.
2. I have observed that the impugned order was passed at the fag end of the trial when the statements of the prosecution evidence had already been recorded and the matter was fixed for recording the statements of accused under section 342 Cr.P.C. Be that as it may, in the light of the decision by the Division Bench of this Court (supra), the impugned order is not sustainable, the same is set aside. Trial Court is directed to proceed with the matter acid decide the same on merits as early as possible. Disposed of. N.H.Q./A-228/L Petition accepted.