Law:

Section:

Keywords: Charge-Sheet, Period, Delay, Petitioner, Diligence, Care, Registered, Notices, Consideration, Procedure, Government, Establishment, Development Authority, Punishment, Pending Proceedings, Order, Defence, Leave, Prejudice, Petition, Harassment, High Court, Proceedings, Leave To Appeal, Examination, Payment, Prosecution, Enquiry Officer, Quashment, Prevention, Evidence Result: Petitions accepted JUDGMENT These two petitions under section 561-A, Cr. P. C. Are for quashing of the proceedings of case under section 420, P. P. C. And section 5(2) of the Prevention of Corruption Act II of 1947 read with section 120-B/109, P. P. C. Pending trial for about 12 years originally being Case No. 87 of 1961 and then re-numbered as Special Case No. 76 of 1966 and again re-numbered as Special Case No. 76 of 1969 and pending in the Court of Special Judge-cum-Enquiry Officer, Karachi. As all the four petitioners in both the Cases Nos. 563/72 and 56/73 are involved in one pending case stated above, before the learned Anti-Corruption Judge and seek to quash the same proceedings, I proceed to decide both the petitions by this single judgment. 2. On 16-9-1960, a case was registered before the Special Police Establishment under section 5 (2) Act 11 of 1947 read with section 468/471/ 42,0/120-B, P. P. C. Against the present petitioners and one Syed Saghir Hasan and Syed Ibne A.I Zaidi. The trial has been pending for a period of 12 years before the Court below. The main accused Syed Saghir Hasan has died during the trial on or about August, 1965. Out of 30 witnesses of the prosecution admittedly only one witness has been partially examined so far. The charges related to the alleged wrongful payment on incorrect bills to Syed Saghir Hasan and the defence of all the accused-petitioners was based on same set of documentary evidence but considerable part of this documentary evidence has since then disappeared and the petitioners, it is alleged, are being materially prejudiced in defence to prove their innocence. Numerous adjournments were sought by the prosecution since the submission of the charge-sheet in 1961 up to the date, but the prosecution was successful to produce only one…

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