Law: Criminal Procedure Code (V of 1898)

Section: 249-A

  Criminal Procedure Code (V of 1898)--- ----S.249-A---Accused approached Trial Court by making application under S.249-A, Cr.P.C.---Application having been kept pending without an order amounted to denial of the prayer. Criminal Procedure Code (V of 1898)--- ----Ss. 249-A, 265-K & 561-A---Powers of Trial Court under S.249-A or 265-K, Cr.P.C. are co-extensive with powers of High Court under S.561-A, Cr.P.C. and both can be resorted to. Mian Munir Ahmed v. The State 1985 S C M R 257 and Muhammad Tufail and others v. The State and another 1986 P Cr. L J 2749 ref. Penal Code (XLV of 1860)--- ----S-409---Section 409, P.P.C. dealing with the offence of criminal breach of trust committed by a public servant is intended to punish an offence of which dishonesty is the essence---Mere retention of case .properties for a short period does not necessarily raise a presumption of dishonest misappropriation. Criminal Procedure Code (V of 1898)--- ----S.561-A---Penal Code (XLV of 1860), S.409---Quashing of proceedings-- Element of mens rea was lacking in the case---Act of accused in not entering the case properties in the relevant register might at worst be of mere negligence-- Allegations even if taken on their face value would not constitute an offence-- Proceedings pending against accused in the Court of Special Judge. Anti-Corruption, were quashed in circumstances. Shakir Hussain v. The State P L D 1956 SC (Pak.) 417; Muhammad Nawaz v. The State 1970 P Cr. L J 97; Naseer Ahmed v. The State 1985 P Cr. L J 2089; Ahmed Ali v. The State 1989 P Cr. L J 2393; M.S. Khawaja v. The State P L D 1965 SC 287 and Ch. Muhammad Ashraf v. The State 1990 P Cr. L J 347 ref. Criminal Procedure Code (V of 1898)-- ----S.561-A---Quashing of proceedings---High Court, ordinarily, will not interfere at an interlocutory stage of a criminal proceeding pending in a subordinate Court, but will certainly interfere in order to prevent harassment to a person who is prosecuted on a charge which on the face of it is groundless.   M.S. Khawaja v. The State P L D 1965 SC 287 and Ch. Muhammad Ashraf v. The State 1990 P Cr. L J 347 rel. Mumtaz Ali Siddiqui for Petitioner. Zawar Hussain Jafferi,…