Law: Penal Code (XLV of 1860)

Section: 161

Penal Code (XLV of 1860) S. 161-Bribery-Criminal case against accused informer having already been dropped and no longer pending, acceptance of tainted money by a Government servant on a subsequent date for getting case filed, held, not acceptance of illegal gratification-Case could be one of defrauding informer or of some other offence but certainly not one of acceptance of illegal gratification under S. 161, Penal Code, 1860. Dates of hearing: 18th and 19th November, 1979                                                                                                                             JUDGMENT This petition under section 561-A, Cr. P. C. seeks to quash proceed ing pending against the applicant and one other Farooq in the Court of Special Judge, Anti-Corruption, Karachi in Case No. 40 of 1978. On 19thJanuary, 1977, a case was registered at Gulberg Police Station against one Usman a driver of R. T. C. for rash and negligent driving under section 297/307/427, P. P. C. Usman was bailed out in that case and it appears that he had been going to the Court of Xth A. C. M. Karachi on different dates for the purpose of his case. On 17th July, 1977 Inspector Muhammad Sadiq submitted a final report under section 173 of Cr. P. C. before S. D. M. Liaquatabad to the effect that the proceeding against Usman may be dropped as real culprit was untraceable. The same was allowed by the S. D, M., Liaquatabad on 10thJuly 1977. A copy of the application and order of the S. D. M. has been produced. It seems that Usman Khan was not aware of this diposal of the case and he therefore continued visiting the Court of Xth A. C. M. and on 9th August, 1977 he had a talk with the Peshkar of that Court for the disposal of that case and that man demanded Rs. 1,000 from him to get the case settled. But eventually the matter was settled at Rs. 500 which was to be paid on 24th…