Law: Criminal Procedure Code (V of 1898)

Section: 403

JUDGMENT SHEET ARBAB MUHAMMAD TAHIR, J. The instant writ petition is arising out of order dated 11.03.2022 passed by the Judicial Magistrate Section 30, Islamabad-West, whereby the application for appropriate orders was dismissed.    The learned counsel argued that the petitioner has been dragged in false and frivolous litigation as the cases were registered at different police stations and are pending before the different court at Islamabad, despite the fact that the complainants had already joined the proceedings in NAB Reference No. 14/2016 entailing common subject matter which is pending before the learned Judge NAB Court at Peshawar.    Learned counsel further asserted that the petitioner was being prosecuted simultaneously for the same offence before the Judicial Magistrate and before the NAB Court in the Reference ibid, therefore, invoked the jurisdiction of this Court by filing Writ Petition No. 4529/2019 with the plea that he cannot be vexed twice for the same offence under the principle of double jeopardy.  The Hon’ble Division Bench of this Court after hearing the arguments, disposed of the writ petition vide order dated 24.09.2020 in following terms:-     “….The Grievance of the petitioner is that he is facing double jeopardy inasmuch as the cases which are subject matter before respondents No. 2 to 4, are also part of Reference No. 14 of 2016 filed by the National Accountability Bureau, pending before Accountability Court No. 1, Peshawar.   …. In view of the above position, it is apt that petitioner files appropriate applications for stay/ Holding the proceedings in abeyance before respondents No. 2 to 4, who after examining the contents of Reference as well as the cases pending against the petitioner, would decide the same and in case, there is overlapping, an appropriate order shall be passed to that extent……”   Pursuant to the direction ibid, the petitioner filed an application before the learned Judicial Magistrate, Islamabad, seized with the criminal case, for holding in abeyance the proceedings till the decision/outcome of the NAB Reference…