Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 249-A

Criminal Procedure Code (V of 1898) S. 561.A read with S. 249-A-Quashment of proceedings---Provisions of S. 249-A, Cr. P. C.---Enabling-Discretion invoked to be exercised in a judicial manner-Legislature, however, intending to curtail delay in disposing of charges against an accused person if Court considers same as groundless- Application under S. 249-A,; Cr. P. C. made at a time when prosecution closed its case` and statement of accused remained to be recorded-No special or exceptional circumstances for invoking extraordinary power of High Court under S. 561-A, Cr. P. C., held, available -Quashment of proceedings declined, in circumstances. Din Muhammad v, Muhammad Shari/ P L D 1979 B J 12 ref. Dates of hearing : 4th,October and 23rd November, 1980.                                                                                                                                     JUDGMENT` Yakoob Ali son of Fayaz Ali, who stands charged with offences punishable under sections 468, 411 read with section 511, P. P. C. and section 5 (2) of Prevention of Corruption Act, 1947 and is undergoing trial before the Special Judge (Central) Karachi, in case No. 109/78 has filed this revision application under section 10 (1) of the Criminal Law Amendment Act, 1958 read with section 439, Cr. P. C. against the order dated 29th July, 1980 passed by the Special Judge (Central) Karachi, rejecting his application under section 265-K, Cr. P. C. The applicant has also prayed for quashment of proceedings and his acquittal in the case invoking the jurisdiction of this Court under section 561-A, Cr. P. C. 2. The facts giving rise to this revision petition as stated in the application are that applicant who was employed as Manager, Accounts and Investment of the Pakistan Insurance Corporation, was tried along with two other accused by the Special Judge…