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Pakistan Criminal Law (Amendment) Act (XL of 1958), S. 6 (5) first proviso-Government withdrawing case in answer to request for sanction -Sanction cannot be deemed to have been granted.   JUDGMENT   FARUQUI, J.-The facts material for the consideration of these two revision applications, one by the accused Mahboob Ahmad and the other by the State, are these : An offence under section 161, P. P. C. read with section 5 (ii) of the Prevention of Corruption Act was alleged to have been committed by Mahboob Ahmad son of Mashooq Ahmad Khan on 5-8-61 in respect of which the Special Police presented a challan on 29-12-61 before Mr. Ghulam Hyder Pir, Special Judge (Central) Karachi. This challan was not accompanied by a sanction as required by subsection (5) of section 6 of the Pakistan Criminal Law (Amendment) Act, 1958 and, therefore, in pursuance of the proviso to that subsection the learned Special Judge wrote to the Commissioner, Karachi for a sanction. It is common ground that the Commissioner was competent to grant this sanction. On 28-2-62 Mr. Pir finding that the accused had by virtue of section 8 of the President's Order No. 9 of 1961 attained the status of the servant of the Provincial Government, he had no jurisdiction to try the case against him as he was Special Judge (Central). He, therefore, sent the case to the file of the Sessions Judge, Karachi who had been appointed ex officio Special Judge within his sessions division for the employees of the Provincial Government by Notification dated 7th May 1960. He was also appointed Senior Special Judge for Karachi and he shall be referred to as such in this order. Having received this case Mr. Awan, the Senior Special Judge, wrote to the Commis sioner, Karachi Division on 24-5-62 asking for sanction for the prosecution of the accused for the aforesaid offence. This sanction was not received and on 7th June 1962, the Commissioner passed an order which was communicated to the learned Senior Special Judge. In this order the Commissioner purported to withdraw the prosecution against Mahboob Ahmad in exercise of his powers under subsection (4) of section 10 of the Pakistan Criminal Law (Amendment) Act…