Law: Pakistan Criminal Law (Amendment) Act, 1958

Section: S. 5

  Pakistan Criminal Law (Amendment) Act (XL of 1958), S. 5-Scheduled offence-Not triable by Additional District Magistrate Proceedings quashed.   Retrial-Proceedings initiated before wrong Courts and extending-Question of re-trial left for decision by authorities concerned.   JUDGMENT   This is a criminal revision application in which the prayer is that the private complaint now pending against the applicant under section 409, P. P. C., in the Court of the A. D. M. Jacobabad may be, quashed on -the ground that the offence in question being a scheduled offence Within the meaning of the P4kistan Criminal Law (Amendment) Act, 1958, the jurisdic tion of an ordinary Court to try such an offence is barred by section 5 of Act XL 1958.   The facts giving rise to this matter briefly are that the applicant was first appointedas a clerk in the office of the Joint Sub-Judge and F. C. M. Jacobabad on 31-10-1956. A Criminal case known as State v. Parsomal under sections 380/457/411, P. P. C., came up for hearing in that Court and the applicant was put in charge of the case property pertaining to this case. This property consisting of gold ornaments disappeared and was not produced before the Court at the hearing on 25-11-1956. The applicant was handed over to the Anti-Corruption Police who after investigation challaned him before the Special Judge Anti-Corruption, Jacobabad. Mr. M. I. Kazi who was then the District and Sessions Judge, Jacobabad, granted the necessary sanction for this prosecution and thereafter as Special Judge Anti-Corruption, Jacobabad, he tried the applicant and convicted him under section 409, P. P. C., read with section 5 (2) of the Prevention of Corruption Act and sentenced him to twelve months' rigorous imprisonment and to pay a fine of Rs. 100. On appeal this conviction and sentence was set aside by this High Court whose judgment is now reported in Javed Hussain v. The State (P L D 1960 Kar. 57). While setting aside the conviction of the applicant this High Court then directed that he should be retried by another Special Judge competent to try him. Accordingly, the applicant was then put up for trial before Mr. Azizullah…