Law: Criminal Procedure Code (V of 1898)

Section: 249

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 217,420,467,468,34

Criminal Procedure Code (V of 1898)--- ----S. 249---Penal Code (XLV of 1860), Ss.217, 420, 467, 468 & 34---Prevention of Corruption Act (II of 1947), S.5(2)---Disobeying direction of law by public servant, cheating and dishonestly inducing delivery of property, forgery, common intention, corruption---Stay of proceedings till decision of civil appeal---Special Judge Anti-Corruption stayed criminal proceedings, till decision of civil appeal pending adjudication before High Court---Applicant/complainant contended that Special Judge be directed to conclude the trial on merits---Validity---Criminal case must be allowed to proceed on its merits; merely because civil proceedings, relating to some transaction had been instituted, had never been considered to be a legal bar to the maintainability of criminal proceedings which could proceed concurrently, because conviction for a criminal offence was altogether a different matter from the civil liability---Both proceedings of civil and criminal, could be carried out simultaneously---After framing of charge, in the case, complainant and eight witnesses had been examined by the prosecution, and there remained formal witnesses, and the court instead of staying the proceedings under S.249, Cr.P.C., could decide the matter on its own merits or to proceed under S.249-A, Cr.P.C. strictly on merits---Trial Court, held, had seriously erred in staying the proceedings. ORDER SYED MUHAMMAD FAROOQ SHAH, J.---Impugned is an order dated 14-9-2011, passed by the learned Special Judge Anti Corruption (Provincial) Hyderabad, in Special Case No. 08 of 2007, whereby the proceedings were stayed under section 249 Cr.P.C, till decision of civil IInd appeal, pending for adjudication before High Court of Sindh, Hyderabad Circuit. Applicant/complainant being aggrieved and dissatisfied with the impugned order, preferred the captioned revision application, under sections 435/439 Cr.P.C, wherein he has prayed to set-aside the impugned order and to direct the learned court of Special Judge Anti corruption, Hyderabad, to conclude the trial on merits. 2. The allegations against the respon-dents/accused levelled by the applicant/ complainant in a…

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