Law: Criminal Procedure Code (V of 1898)

Section: 249A,265-K,417(2A)

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Criminal Law Amendment Act, 1958

Section: 6(3)

Law: Pakistan Penal Code, 1860

Section: 409,420,467,468,471

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 417(2-A)--Pakistan Penal Code, (XLV of 1860), Ss. 420/467/ 468/471/409--Appeal against acquittal--Acquittal order set aside and case remanded to the trial Court to conclude the trial--Auditors found massive irregularities in the branch of band and reported embezzlement of Rs. 48,72,685/- from 74 accounts and shortage of Rs. 16,37,544/- in the cash-in-hand--The Audit Report identified eight persons who were involved in the scam--FIR was registered--Admittedly, Chief, PPCBL, got registered FIR without obtaining sanction from the Registrar Cooperatives and thereafter the Special Court took cognizance and put them to trial--Offences under Sections 420, 467, 471, 409, PPC and Section 5(2) of the Prevention of Corruption Act, 1947, do not fall in this category--Complaint in terms of Section 63 is required for prosecution of offences under the Act, viz, offences mentioned in Sections 60, 61 and 62 thereof and not in respect of the other offences--Appellant challenge the inquiry initiated by the ACE on the basis of Sections 63 & 70-A--A dispute touching the business of society, between member or members and the past members of the society or between members and the society or its Committee, is quite distinct and separate from the allegations which discloses an offence against the office bearers of the society--Every officer of a society, including a co-operative bank, shall be deemed to be a public servant within the meaning of Section 21, PPC--Case FIR was exclusively triable by the Special Court, Anti-Corruption--The prosecution had cited 94 witnesses in the calendar of witnesses--At the time when the impugned orders were passed it had examined 31 which included six from the, PPCBL--There was sufficient incriminating material against the accused-respondents--The remaining 63 witnesses were yet to be recorded--After getting the FIR registered, PPCBL held departmental inquiry against the accused-respondents in which some of them were exonerated and reinstated in service--Disciplinary action taken by a department and criminal prosecution are quite distinct from each other--Appellate Court should interfere in an…

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