Law:

Section:

Azad Jammu and Kashmir Ehtesab Bureau Act (I of 2001)--- ----Ss. 11 & 21(6), proviso---Criminal Procedure Code (V of 1898), S.265-K---Penal Code (XLV of 1860), Ss.467, 468 & 471---Forgery of valuable security, will etc., forgery for purpose of harming reputation, using as genuine a forged document---Reference to Ehtesab Bureau---Application filed by petitioner for his acquittal under S.265-K Cr.P.C., was dismissed by Judge Ehtesab Court---Validity---Reference in Ehtesab Court was submitted after 4 years and 4 months from receipt of complaint against the petitioner---Version of Ehtesab Bureau was that delay in filing the reference was caused by the petitioner in the garb of departmental inquiry and other excuses---Delay caused by any act of petitioner/accused, would not be counted towards the period of one year, as provided by the proviso to S.21(6) of Azad Jammu and Kashmir Ehtesab Bureau Act, 2001---Whether the petitioner caused delay in completion of investigation against him or not was yet to be proved which required proof by both the parties---Charge against the petitioner had been framed and the prosecution witnesses had been summoned for recording of statements---Court could not ascertain the fact as to whether reference was filed within time or not without recording of the evidence---Paramount consideration of court to pass order under S.265-K, Cr.P.C., was to ensure that miscarriage of justice was prevented---Evidence must be appreciated as to whether any of accused had committed any offence or not---Order of acquittal of accused under S.265-K, Cr.P.C. in appeal or revision, had not the same sanctity as orders of acquittal on merits---Prosecution should be provided every possible opportunity to prove its case and establish guilt of accused after full-fledged trial---Findings recorded by the Judge Ehtesab Court were based on sound and cogent reasons---No indulgence being required into the findings of the Judge Ehtesab Court, revision petition stood dismissed. 2005 SCMR 1544; PLD 2013 Bal. 138; Muhammad Manzoor Tahir v. Ehtesab Bureau decided by the High Court of AJ&K under Criminal Revision No. 19/2012 on 14-6-2013; and 2005 SCR 1544 ref.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492