Law:

Section:

Prevention of Corruption Act (II of 1947)-------S. 5(2)---Penal Code (XLV of 1860), S. 409---Pakistan Criminal Law Amendment Act (XL of 1958), S. 5(6)---Constitution of Pakistan, Art. 199---Constitutional petition---Corruption and criminal breach of trust---Special Judge Anti-Corruption, jurisdiction of---Direction to police---Special Judge directed ordinary/local police to investigate the matter---Validity---Special Judge Anti-Corruption while invoking provision of S.5(6) of Pakistan Criminal Law Amendment Act, 1958, wrongly exercised jurisdiction while ordering the investigation be conducted by local/ordinary police in a case which squarely fell within the ambit of Anti-Corruption Establishment---High Court set aside the order passed by Special Judge Anti-Corruption to the extent to conduct investigation into the crime registered at police station Anti-Corruption Establishment---Petition was allowed accordingly. Dr. Ishtiaq Hussain and another v. Special Judge, Anti-Corruption (Provincial), Rawalpindi Division, Rawalpindi and 3 others 2004 YLR 716 ref. ORDER SHAH KHAWAR, J.---The petitioners are aggrieved by the order dated 16-5-2013 passed by the learned Special Judge, Anti-Corruption, D.G. Khan Division at Muzaffargarh. 2. Brief facts of the case are that the petitioners are accused persons in case F.I.R. No.7 dated 19-10-2010 under section 409, P.P.C. and section 5(2)/47, P.C.A. registered at police station Anti-Corruption Establishment, Muzaffargarh on the complaint of respondent No.10. 3. Without adverting to the contents of F.I.R. report under section 173, Cr.P.C. was submitted by the Circle Officer, ACE, Muzaffargarh before the learned Special Judge Anti-Corruption, D.G. Khan at Muzaffargarh (respondent No.1), for the cancellation of case registered against the petitioners. 4. The respondent No.1 vide impugned order dated 16-5-2013 did not agree with the recommendations of cancellation of the case as suggested by the Investigating Officer. 5. Apart from disagreement with the cancellation report the respondent No.1 held that there is sufficient material available to further proceed with this case and ordered the production of the petitioners through…

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