Law: Pakistan Criminal Law Amendment Act (XL of 1958)

Section: 6, 406 , 420

Pakistan Criminal Law Amendment Act (XL of 1958). S. 6(5) read with Penal Code (XLV 9f 1860), Ss. 406 & 420-Jurisdiction--- Accused Government servant alleged to have committed offences while discharging official duties-Prosecution initiated without obtaining prior sanction from competent authority and tried by Magistrate not a Special Judge tinder provisions of Pakistan Criminal Law Amendment Act, 1958-Entire proceedings taken against accused, held, without jurisdiction and void ab initio-Proceedings quashed-Criminal Procedure Code (V of 1898),S. 561-A.   ORDER The petitioner, while posted as Patwari Mohall of village Nari, Tehsil Khushab, District Sargodha, is said to have obtained by fraud a sum of Rs. 900 as mutation fee from respondent No. 2 in October 1966, and misappropriated the same in respect of which a complaint under section 420/406, P. P. C. was pending against him in the Court of the then Resident Magistrate, Joharabad. He has filed this application under section 561-A, Cr. P. C. for the quashment of the same mainly on the ground of the incompetency of the learned Magistrate to try this case as it was exclusively triable by a Special Judge under the provisions of Pakistan Criminal Law Amendment Act, 1958. 2. There being no dispute about the relevant facts that the petitioner was a public servant; that the offence under sec tion…