Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 409,468,471,34

(a) Criminal Procedure Code (V of 1898)---S. 561-A--- Penal Code (XLV of 1860), Ss.409/468/471/34---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust, forgery, using as genuine a forged document, corruption---Quashing of proceedings---Accused were not nominated in the F.I.R. as culprits and initially they were cited as prosecution witnesses---Accused were implicated in the case through subsequent interim challan, but none of the prosecution witnesses had said anything against them---Proceedings against co-accused in the case had already been quashed by High Court---Prosecution had no evidence against the accused---Eleven years had passed, but prosecution had not so far examined more than five witnesses---Nothing had come on record against the accused and it would be sheer abuse of process of law to allow the accused to further face the agony of criminal trial---Proceedings pending against the accused in the case in the Trial Court were quashed in circumstances. Muhammad Khalid Mukhtar v. The State PLD 1997 SC 275; Muzaffar Iqbal v. The State 1993 PCr.LJ 125; Mehboob Alam and others v. The State PLD 1996 Kar. 144; The State v. Asif Ali Zardari and another 1994 SCMR 798; Raja Haq Nawaz v. Muhammad Afzal and others PLD 1967 SC 354 and Gian Chand v. State 1968 SCMR 380 ref.. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of High Court---Scope and limitations stated. The State v. Asif Ali Zardari and another 1994 SCMR 798 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of High Court---Scope and extent explained. Muzaffar Iqbal v. The State 1993 PCr.LJ 125 ref. (d) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Inherent powers of High Court---Criterion for exercise of power expounded. Mehboob Alam and others v. The State PLD 1996 Kar. 144 ref. ORDER MUHAMMAD TASNIM, J.---Applicants Syed Shamim Ahmed son of Syed Fariduddin Hassan and Farooque Anwer Chaudary son of Chaudary Fazl-e-Haque are facing trial in F.I.R. No.15 of 1996 registered under sections 409/468/471/34, P.P.C. read with section 5(2) of Act II of PCA 1947 at PS FIA, CC, Karachi. 2. Facts leading to the present…

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