| Citation(s) |
|---|
| 1965 SLG 4698 = 1965 SLD 4698 = 1965 PLD 310 |
WEST PAKISTAN, KARACHI
Criminal Miscellaneous Applications Nos. 274 and 280 of 1964, decided on 4th November 1964.
Presented By: H. T. Raymond, J
Malik Fazal Karim v. The State P L D 1957 Lah. 837 ; Muhammad Hussain v. The State P L D 1959 Lah. 322 ; The State v. Qamar-uz-Zaman P L D 1960 Lah. 1199 and The State v. Shakoor Hashim Patel P L D 1960 Kar. 926. ref. Ghulam Qadir Khan v. The State P L D 1963 Lah. 32 distinguished. Z. U. Ahmed assisted by Muhammad Maqsood for Applicants. Muhammad Haleem, Asstt. A.-G. for the State.
Criminal Miscellaneous Applications Nos. 274 and 280 of 1964, decided on 4th November 1964.
Presented By: H. T. Raymond, J
Malik Fazal Karim v. The State P L D 1957 Lah. 837 ; Muhammad Hussain v. The State P L D 1959 Lah. 322 ; The State v. Qamar-uz-Zaman P L D 1960 Lah. 1199 and The State v. Shakoor Hashim Patel P L D 1960 Kar. 926. ref. Ghulam Qadir Khan v. The State P L D 1963 Lah. 32 distinguished. Z. U. Ahmed assisted by Muhammad Maqsood for Applicants. Muhammad Haleem, Asstt. A.-G. for the State.
AMANULLAH KHAN AND OTHERS-Applicants
VERSUS
THE STATE-Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 561-A
Criminal Procedure Code (Vof 1898)----S. 561-A-Abuse of process-Inordinate delay in investigation and prosecution of criminal case (1959 to 1964) Proceedings quashed. Dates of hearing : 29th and 30th October 1964. JUDGMENT This judgment will dispose of two criminal miscellaneous applications bearing Nos. 274 of 1964 and 280 of 1964, in each of which the applicants have prayed for the quashing of the prosecutions now pending against them in the Court of the Special Judge-cum-Enquiry Officer, Hyderabad Camp, at Karachi. I have heard Mr. Z. T. Ahmad on behalf of the applicants and Mr. Haleem, Assistant Additional Advocate-General on behalf of the State. It appears that in November 1959, a complaint on behalf of Messrs Azizul Haq & Sons, a firm of contractors,that had secured the contract for dismantling a Tin Garrage at Hub River, was addressed by them to the Deputy Superintendent of Police, Police Headquarters, McLeod Road, Karachi, complaining against the nefarious demands of certain departmental officials of the P. W. D. Bela Irrigation Division, and accusing them of misappropriating public monies by preparing bogus Muster Rolls. On the strength of this complaint, a case was registered on 28-11-59 under sections 409/109, P. P. C. and an investigation was entered upon by the police. This investigation continued throughout the following two years of 1960 and 1961, and it was only on 6-1-62 that it concluded in a charge-sheet presented in Court that day against the present four applicants. The sanction for this prosecution was only obtained six months later in June 1962. In the course of this investigation, the present four applicants were arrested in the months of September and October 1961, and one of them, Sibte Abbas, was arrested as early as February 1961. They were first produced before Mr. Abrar Hassan Khan, S. D. M., Karachi, from where the case was transferred to the Court of the Special Judge, Karachi. From that Court, the case was again transferred to the Court of the Sessions Judge, Karachi, where it was pending from 13-3-62 to I1-12-62 during which period there were 12 dates of hearing, but no progress made…