Law: Criminal Procedure Code (V of 1898)

Section: 94(b)

(a) Criminal Procedure Code (V of 1898)-- ----S. 94(b)---Application seeking direction to respondents to produce documents---Exercise of power by High Court under section 94(b), Cr.P.C.---Scope---Pendency of civil proceedings in a controversy would not be a bar to exercise of powers under S.94(b), Cr.P.C.---Application under S.94, Cr.P.C. by Investigating Officer, inter alia, seeking direction to respondents (Banks and the Federal Board of Revenue) to provide complete details of accounts and tax deduction of persons accused of embezzlement and fraud---Contention of accused persons was inter alia, that civil suit pertaining to the same controversy was pending whereby Nazir of the Court was appointed to collect details of transactions and arbitrator had also been appointed; therefore, present application was not competent---Validity---Section 94(b) of the Cr.P.C. empowered the High Court to grant permission to police to investigate the question of embezzlement and misappropriation of money allegedly belonging to claimant, therefore, while granting such permission, the court had to exercise said powers compassionately, keeping in mind fairness and transparency of the process of investigation---Accused persons, in the present case, allegedly committed cheating and dishonestly deposited amounts in accounts other than accounts of the firm; and the Investigating Officer had already discovered 18 such accounts and collected details of the same to complete process of investigation so that final challan may be submitted---High Court observed that at such stage, if on mere plea of pendency of a civil suit, the process of investigation was restricted then the same would defeat the very purpose of the investigation and cause deviation from the settled norms of administration of justice---Permission in terms of S.94(b) of the Cr.P.C. was granted and respondents were directed to provide required details to the Investigating Officer---Application was allowed, accordingly. Syed Mohammad Ahmed v. The State 1972 SCMR 85; Akhtar Hussain Zaidi v. The State PLD 1985 Lah. 662 and Ahmed Bin Saleem v. The State and 3 others 1990 PCr.LJ 838 ref. Central Bank of India Ltd. v. P.D.…

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