Law:

Section:

(a) Criminal Procedure Code (V of 1898)---- -- S. 403-Trial for same offence a second time---Accused in first case charged for forging a valuable document, false personation by one, and false identification by another-No forgery or fabrication of record of Sub-Registrar alleged-Subsequent case registered on report of new Sub-Registrar alleging removal of forged thumb-impression from Thumb Print Register and substituting bogus thumb-impression in order to save culprits from offences or cheating and forgery-Transactions in two cases, held, altogether different---Second prosecution, held, not barred by S. 403--Penal Code (XLV of 1860), Ss. 419, 420, 467, 477-A/109-Prevontion of Corruption Act (II of 1947), S. 5(2). (b) Criminal trial- -----Delay--Rule of limitation---Not applicable to criminal cases--Delay by itself no ground for discharging accused--Mere fact of offence charged being committed some 17 years ago---Does not amount to abuse of process of Court--Abuse of process of Court-Only ground for quashment of proceedings in criminal cases. M. S. Khawaja v. The State P L D 1965 S C 287 ref. JUDGMENT MUHAMMAD YAQUB ALI, J.-Rehmat Ali and Wali Muhammad, appellants, were accused of offences under sections 419, 420, 467 and 477-A read with section 109. P. P. C. and section 5(2) of the Prevention of Corruption Act II of 1947. The Special Judge who tried the case discharged the appellants on the ground that they were earlier tried alongwith others under sections 419, 420, 467, 477 read with section 109, P. P. C. arid section 5(2) of Act II of 1947 in connection with similar transaction and acquitted. Reliance was placed on the provisions of section 403, Cr. P. C. The State filed a revision petition against the order of the Special Judge which was accepted by the erstwhile High Court of West Pakistan. Karachi Seat, and the case remitted to the Special Judge for trial of the appellants for the aforesaid offences. Leave to appeal was granted to examine correctness of the view adopted by the High Court in regard to application of section 403, Cr. P. C. to the facts of the case. The relevant facts are that on 10-11-1957, one Mohammad Sharif, son of Muhammad Shakirullah…

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