Case Details

Citation(s)
2004 SLG 2543 2004 SLD 2543 2004 PLD 9
Lahore High Court
Writ Petition No. 255 of 2001, decided on 21st October, 2003
M. BILAL KHAN, J
Mirza Aziz-ur-Rehman for Petitioners. Rana Muhammad Saleem for
Respondent No. 4. Daud Khan, Inspector Anti-Corruption Establishment (in person)

IRSHAD AHMED and others

VS

DIRECTOR, ANTICORRUPTION, Lahore and others

Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 420/468/409/109---Prevention of Corruption Act (II of 1947)., S.5(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Quashing of F.I.R.---Manner in which the transaction regarding the sale of shop in question had taken place had raised a lot of doubts--­Prima facie, an attempt appeared to have been made to evade the Government revenues by executing and getting registered a gift deed--­Matter, thus, needed a thorough investigation---Defence offered by the accused did not present any special feature which could warrant quashing of F.I.R. which was an extreme step resorted to only in very rare cases--­High Court in its Constitutional jurisdiction declined to extend the 'protection of law to a person to retain a gain, privilege or benefit which, prima facie, appeared to have been acquired by manipulation etc.--­Constitutional petition was dismissed in circumstances. Muhammad Riaz Akhtar v. Sub-Registrar and 7 others PLD 1996 Lah. 180; Muhammad Aslam v. Sub-Registrar and others 1995 CLC 674 and Abdul Haq and others v. Province of Sindh and others PLD 2000 Kar. 224 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Penal Code (XLV of 1860), Ss.420/468/409/109--­Prevention of Corruption Act (II of 1947), S.5(2)---Constitutional jurisdiction---High Court in exercise of its Constitutional jurisdiction does not extend the protection of law to a person to retain a gain, privilege or benefit which, prima facie, appears to have been acquired by manipulation etc. Abdul Haq and others v. Province of Sindh and others PLD 2000 Kar. 224 ref. ORDER Through this Constitutional, petition the petitioner seeks quashing of F.I.R bearing No. 17/2000 registered under sections 420, 468, 409, 109 P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 at Police Station A.C.E., Okara registered on the application of Tayyab Hussam Shah contractor of tax on immovable property by Municipal Committee Haveli Lakha Tehsil Dipalpur, District Okara. 2. According to the complainant one Habib ur Rehman Khan sun of Yameen Khan had actually sold a commercial shop situated at Pakpattan Road in favour of Irshad Ahmad…
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