Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 409,420,467,468,471

Criminal Procedure Code (V of 1898)--- ----S.561-A---Penal Code (XLV of 1860), Ss.409, 420, 467, 468, 471---Anti Corruption Establishment Act (II of 1947) S.5(2)---Criminal breach of trust, cheating, forgery and misconduct---Observation of Court was police official who was aggrieved of order passed by Trial Court recommending initiation of departmental inquiry against him---Validity violated directions of his superiors and his such conduct amounted to misconduct and inefficiency on his part intended to shelter actual culprits/accused persons, which required stern action against him by conducting enquiry---High Court declined to interfere in the order passed by Trial Court as after examining the record it had rightly recommended stern action against applicant---Application was dismissed, in circumstances. Mst. Rehmat Bibi v. Ghulam Rasool and 4 others 2011 PCr.LJ 1994; J.M. Hayat Qureshi v. The State PLD 1996 Kar. 388 and Shuja-ud-Din v. The State 1968 SCMR 1359 distinguished. Malik Naeem Iqbal for Applicant. Talib Ali Memon, D.P.G., Sindh for Respondent. hearing date: 7th September, 2021. JUDGMENT AFTAB AHMED GORAR, JUSTICE:---.--- Through this Criminal Miscellaneous Application under Section 561-A, Cr.P.C., the applicant Zamir Ahmed Abbasi has approached this Court with prayer to set aside the impugned order dated 30.08.2019, passed by learned Special Judge, Anti-Corruption (Provincial) Karachi in Special Case No. 51/2019 arising out of Crime No.50/2019 under section 409/420/467/468/471/34, P.P.C. read with section 5(2) of Prevention of Corruption Act-II, 1947 registered with Police Station ACE, Karachi, whereby initiation of enquiry and disciplinary proceedings for misconduct and inefficiency was ordered against him. 2. Learned counsel for the applicant argued that impugned order is based on misreading of law and facts and the applicant has not committed any misconduct as mentioned in the impugned order. He further argued that the applicant by discharging his official duties has only forwarded the letter of the Additional Director (Legal) with recommendation for action in accordance with law and nothing else. He further contended that learned trial Judge has…

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