Law:

Section:

(a) Criminal Procedure Code (V of 1898)---- ---- Ss. 561-A & 403-Penal Code (XLV of 1860), Ss. 468, 471, 420 & 109-Prevention of Corruption Act (11 of 1947), S. 5-Quashing of pro­ceedings--Trial Court, in absence of sanction for prosecution deleting name of accused from column relating to accused persons - On receipt of such sanction trial Court issuing process but again drop­ping proceedings--Trial Court once again summoning accused to face trial for same offence-Order of trial Court showing that accused was not acquitted but simply released-Section 403, Cr. P. C., held, not helpful to accused and his retrial not barred in circumstances. (b) Penal Code (XLV of 1860)---- -- Ss. 468, 471, 420 & 109-Prevention of Corruption Act (1I of 1947), S. 5-Criminal Procedure Code (V of 1898), S. 439-Quashing of proceedings-Order of trial Court calling upon accused to face trial for same offence in which he was formerly released, not a speaking order but appearing to have been passed in routine without taking into account former orders of release -High Court in suo motu exercise of revisional jurisdiction setting aside such order of summoning of accused. ORDER This is an application under section 561-A, Cr. P. C. for the quashment of proceedings under section 468/471/420/109, P. P. C., read with section 5 of the Prevention of Corruption Act, 1947, initiated against petitioner by Special Judge Anti-Corruption Bahawalpur, vide its order, dated 27th May, 1982. 2. The facts giving rise to this petition in brief are that on 19-5-1976 a case under section 468/471/420/109, 1'. P. C., read with section 5 of the Prevention of Corruption Act, 1947 was registered at Police Station Anti ­Corruption, Babawalpur, against the petitioner and others. The challan was submitted before the learned Special Judge, Anti-Corruption, Bahawalpur. 3. Since no sanction far the prosecution of the petitioner was given, the trial Court vide its order, dated 31-1-1981, deleted the name of the petitioner from the column relating to accused…

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