Case Details

Citation(s)
1988 SLD 387 = 1988 PLD 802

Writ Petition No.609 of 1981, decided on 11 th June 1986.
Zia Mahmood Mirza. J

THE STATE-- Petitioner

VERSUS

ABDUL RAHEEM KHAN and others- -Respondents

Law:

Section:

This constitutional petition filed by the State calls in question the order of the trial Magistrate dated 19-9-1979 and the revisional order of the learned Additional Sessions judge Muzaffargah dated 17 - 4-1980 holding that respondents Nos.1 and 2 were not public servants and as such the case against the respondents was not triable by the Special Judge, Anti- Corruption. Facts giving rise to this petition, briefly stated, are that on a report made by the Administrator, Central co-operative Bank Ltd. , Muzaffargarh alleging embezzlement and misappropriation of a sum of Rs.3,50,007.61 in Karor Branch of the Bank. a case under sections 467/468/471/474 and 408, P.P.C. was registered at police station Karor on 7-8-1971. Allegation made in the report was that respondents Nos.1 to 6 were responsible for' misappropriation?? and embezzlement of the amount in question- It may be pertinently stated that respondents Nos.1 and 2 were at the relevant time posted as the Managers in the head office of the Central Co-operative Bank, Muzaffargarh whereas respondents Nos. 3 to 6 were working in different capacities in the Karor Branch of 'the Bank. Respondents Nos. 3 to 5 were Accounts Clerks, respondent No.4 was b Cashier and respondent No.6 was described as a candidate.   After usual investigations, an incomplete challan was submitted against respondents Nos.1 to 6 in the Court of Senior Special Judge, Anti-Corruption, Lahore who vide endorsement dated 10-5-1977 entrusted the same to the Special Judge, Anti-Corruption (Provincial), Multan for trial. It appears that the case was inadvertently sent to the court of Resident Magistrate leiah and it was ultimately transferred to the Court of Rana Waris Ali Khan. Magistrate Section 30, Muzaffargarh in whose Court complete challan was put in against all the respondents including respondents Nos.7 to 14 who were private persons and had allegedly acted in complicity with other respondents. Prosecutor moved an, application before the trial Magistrate for, transfer of the case to Special Judge-, Anti-Corruption. Case of the Prosecutor was that Abdul Rahim Khan and Mir Tajjamal Hussain, respondents Nos.1 and 2 herein being…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register