Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Law: Penal Code (XLV of 1860)

Section: 420

Law: Prevention of Corruption Act (II of 1947)

Section: 5(2)

Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-' Prosecution miserably failing to prosecute case with diligence, causing material prejudice to accused in defence-No chance of prosecution being able to bring any evidence worth consideration- Supreme Court quashing proceedings against one accused on such ground-Prosecution witnesses and documentary evidence same against remaining accused-Prosecution having no chance of success-Proceedings, in circumstances, held, mere misuse of Court's process and so quashed-Penal Code (XLV of 160), S. 420 and Prevention of Corruption Act (II of 1947), S. 5(2). Date of hearing t 23rd February 1973.                                                                                                                    JUDGMENT These two petitions under section 561-A, Cr. P. C. are for quashing of the proceedings of case under section 420, P. P. C. and section 5(2) of the Prevention of Corruption Act II of 1947 read with section 120-B/109, P. P. C. pending trial for about 12 years originally being Case No. 87 of 1961 and then re-numbered as Special Case No. 76 of 1966 and again re-numbered as Special Case No. 76 of 1969 and pending in the Court of Special Judge-cum-Enquiry Officer, Karachi. As all the four petitioners in both the Cases Nos. 563/72 and 56/73 are involved in one pending case stated above, before the learned Anti-Corruption Judge and seek to quash the same proceedings, I proceed to decide both the petitions by this single judgment.             2. On 16-9-1960, a case was registered before the Special Police Establishment under section 5 (2) Act 11 of 1947 read with section 468/471/ 42,0/120-B, P. P. C. against the present petitioners and one Syed Saghir Hasan and Syed Ibne Ali Zaidi. The trial has been pending for a period of 12 years before the Court…