Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 409,420,467,468,471,477-A,218,34

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Criminal Procedure Code (V of 1898)---.--- ---.---S. 561-A---.---Penal Code (XI.V of 1860), Ss.409, 420, 467, 468, 471, 477-A, 218 & 34---.---Prevention of Corruption Act (II of 1947), S.5(2)---.---Criminal breach of trust, cheating and dishonestly inducing delivery of property, forgery of valuable security, forgery for purpose of cheating, using as genuine a forged document, falsification of accounts, public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture and criminal misconduct of public servant acts done in furtherance of common intention---.---Quashment of proceedings---.---Accused was alleged to have made payments against bogus entries in Revenue Record to false claimants while he was serving as Assistant Commissioner but no allegations of committing forgery, preparing any bogus record or converting the money to his own benefit was levelled against him---.---Accused was being dragged for last more than 10 years without any progress in the case; even the charge was not framed despite directions from the High Court to expedite the case---.---Prosecution failed to produce any substantial evidence against the accused---.---Accused was alleged to have distributed money on the basis of bogus revenue entries but nothing was done to correct those entries and retrieve the money paid in excess to claimants---.---Payment of money through crossed cheques excluded mala fide or wrongdoing on the part of the accused---.---Further proceedings, in circumstances, would amount to abuse of the process of the court---.---Application for quashment of proceedings was accepted in circumstances. Israr Hussain v. The State 1986 PCr.LJ 574; Mushtaque Ahmed and others v. The State PLD 1963 (W.P.)- Quetta 12 and Amanullah Khan and others v. The State 1965 (W.P.) Kar. 31 ref. THIS ORDER PASSED BY: ABDUL HADI KHOSO, JUSTICE:---.--- This is an application under section 561-A, Cr.P.C., in which the applicant has prayed that the proceedings of the Special Case No. 24 of 1998 arising out of crime No. 8 of 1998, Police Station ACE Dadu under sections 409, 420, 467, 468, 471, 477-A, 218, 34, P.P.C. R/W/S. 5(2), Act-II of…

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