Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Criminal Procedure Code (V of 1898)

Section: 200,203

Law: Pakistan Penal Code, 1860

Section: 161,471

Prevention of Corruption Act (II of 1947) --------- ----------S. 5(2) --------- Penal Code (XLV of 1860), Ss. 161 & 471 --------- Criminal Procedure Code (V of 1898), Ss. 200 & 203 --------- Public servant taking gratification other than legal, remuneration in respect of an official act; using as genuine a forged document, criminal misconduct --------- Official act, scope of --------- Complainant filed private complaint alleging that accused had produced a false medical certificate in civil appeal regarding property dispute pending between them, which he was allegedly issued by accused-doctor and that the doctor had demanded bribe for denying issuance of said medical certificate --------- Trial court, after preliminary inquiry, dismissed the complaint --------- Medical Superintendent of the hospital had confirmed the profession and position of the doctor --------- Doctor himself had verified the genuineness of the medical certificate in question, and as such, allegations relating to falsity of medical certificate did not constitute ingredients of S. 471, P.P.C. --------- If allegations as to demand of bribe by the doctor were presumed to be correct, even then, offence under S. 161, P.P.C. and S.5(2) of Prevention of Corruption Act, 1947 would not be deemed to have been committed for reasons, firstly, complainant had mentioned neither phone number on which the doctor had allegedly contacted him and made the demand of bribe nor as how had he obtained that number, secondly, medical certificate undisputedly had been issued by the accused on his pad of private clinic, which neither related to his status as public servant, nor had he issued the same in his official capacity --------- Issuance of medical certificate in question, as such, could not be treated to be an official act of the accused as public servant, which was punishable under S. 5(2) of Prevention of Corruption Act, I947 --------- High Court maintained the impugned order --------- Revision petition was dismissed in circumstances. PLD 1975 Kar. 239 rel. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---------- This revision is directed against the order dated 09.5.2015 passed by the Special…

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