Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 249-A---Penal Code (XLV of 1860), Ss.217, 409, 420, 467, 468, 471 & 477-A/34---Prevention of Corruption Act (II of 1947), S.5(2)---Sindh Enquiries and Anti-Corruption Rules, 1993, Rr.2(g), 3 & 11(2)---Sindh Prevention of Bribery and Corruption Act (XXIV of 1950), S.3---Disobeying direction of law by Public Servant, criminal breach of trust by Public Servant, cheating, forgery, using as genuine a forged document, falsification of account and corruption---Powers of Magistrate to acquit accused---Application for acquittal---Registration of criminal case against public servant without prior permission---Trial Court under S.249-A, Cr.P.C. was empowered to acquit accused at any stage of the trial---Requirements to be fulfilled were; firstly that hearing was to be given to the prosecutor and counsel of accused; and secondly that reasons were to be recorded in support of conclusion that charge was groundless; or there was no probability of accused being convicted---Application under S.249-A, Cr.P.C. could be filed at any stage of the proceedings; and it was not necessary and was no requirement that application was to be filed after evidence of all the witnesses was recorded---Magistrate was given power under S.249-A, Cr.P.C. to acquit accused at any stage of the case, if after hearing prosecutor and accused and for reasons to be recorded, he considered that charge was groundless; or that there was no probability of accused being convicted of any offence---Applicant in the present case had not been implicated in the F.I.R.---According to provision of S.3 of Sindh Prevention of Bribery and Corruption Act, 1950, the investigation in the case would be conducted by Police Officer not below the rank of Inspector of Police, but investigation had been conducted by Sub-Inspector of Police without reference to any authorization---Apart from that, criminal case was registered against applicant/accused who was public servant without prior permission of competent Authority which was mandatory under R.11(2) of Sindh Enquiries and Anti-Corruption Rules, 1993---Most crucial and foremost point regarding the accord of permission…

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