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

Section: 6(5)

(a) Pakistan Criminal Law Amendment Act (XL of 1958) S. 6(5)Sanction for prosecutionPetitioner ceased to be a public servant on date when cognizance of his case taken by Special JudgeSanction for prosecution, held, not necessary in circumstance.[Sanction for prosecution]. Nazeer Hussain Shah v. The State P L D 1965 S C 139 ; Ataur Rehman v. The State P L D 1967 S C 23 and Muhammad Abbas v. The State 1974 S C M R 445 rel, (b) Pakistan Criminal Low Amendment Act (XL of 1958) S. 6(5)Sanction for prosecutionArgument that as soon as a retired public servant prefers appeal before Administrative Tribunal against order of his compulsory retirement, his original case of retirement to be treated as having become sub judice again and for limited purpose of deciding whether sanction for his prosecution necessary, he should figuratively be treated as being in service Argument, held, correctCriminal proceedings against petitioner having been taken without such sanction, Special Judge, held further, could not take cognizance of offenceProceedings set aside, in circumstance.[Sanction for prosecution].                                                                                                              ORDER This is a petition under section 561A, Cr. P. C. by Muhammad Yaqub, petitioner, for quashment of criminal proceedings pending against him under section 5 (2) of the Prevention of Corruption Act, 1947, in the Court of the Senior Special Judge, AntiCorruption, Lahore, Camp at Gujranwala. 2. The brief facts of the case are that on 2561977, one Abdul Hameed son of Muhammad Sadiq, resident of Joyan Wala, Tehsil and District Gujranwala, submitted a complaint against Muhammad Yaqub, petitioner, alleging that he was holding immovable properties beyond the scope of his known sources of income, on which an inquiry was initiated by the AntiCorruption Establishment. The Circle Inspector, AntiCorruption…