Law: Penal Code (XLV of 1860)

Section: 468, 471, 218, 161, 167

Law: Prevention of Corruption Act (II of 1947)

Section: 5(2)

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

Section: 6(5), 12(2)

Law: Criminal Procedure Code (V of 1898)

Section: 561A

Penal Code (XLV of 1860) S. 468/471/218/161/167 read with Prevention of Corruption Act (II of 1947), S. 5(2) and Pakistan Criminal Law Amendment Act (XL of 1958), Ss. 6(5) & 12(2) Sanction to prosecute-Sanction accorded but silent in respect of one allegation-Sanctioning authority on being repeatedly approached to accord sanction in respect of such one allegation failing to accede to request-Case, held, not one of complete absence of sanction but one of sanctioning some allegations and refusing to sanction one-Trial Court, held, had jurisdiction with respect to sanctioned allegations but not in respect of allegation not sanctioned-Criminal Procedure Code (V of 1898), S. 561-A.   ORDER The facts which gave rise to this petition for quashing of the proceedings are these: The petitioner Malik Muhammad Zahur was a Naib Tehsildar attached to the Thal Development Authority Leiah in the District of Muzaffargarh in the year 1959. Begum Jahan Ara Shahnwaz had purchased some land measuring over seven thousand kanals in Khata No. 192 from Ijaz Husain and Muhammad Afzal etc. in the year 1938. The mutation was attested in 1938. At the time of preparation of the Jamabandi for the year 1939-40 either erroneously or by over-sight the then Patwari made a note against Khata No. 328 "Bashara Khata No. 192". This entry meant that like Khata No. 192 the land comprised in Khata No. 328, which measured about eight thousand kanals, had also been sold away to Begum Jahanara Shahnawaz. The entry continued in the subsequent Jamabandi for the year 1943-44. It is the case of the prosecution that Fard Badar was got prepared by the Patwari and was ultimately sanctioned by the present petitioner on 30-9-1959 showing that Begum Jahan Ara Shahnawaz was not the owner of the land in Khata No. 328 and the land continued vesting in Ijaz Husain and others. It also appears from the narration of facts in the challan that Ijaz Husain and others who were declared to be the owners in consequence of the Fard Badar sanctioned by the petitioner transferred about 85 acres -of land to Sh. Abdul Aziz on 7-5-60 which transfer according to the prosecution was actually meant for the benefit of…