Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal, grant of--Question of law pressed before Supreme Court, not raised before Trial Court/High Court--In absence of views of lower Courts, leave to appeal refused. (b) Constitution of Pakistan (1973)------Art. 185(3)--Criminal Procedure Code (V of 1898), Ss.265-K & 403-­Quashing of proceedings--Petitioners challaned on six charges of embezzlement, acquitted in one case--Application seeking quashment and acquittal in remaining five cases on ground that there was no probability of their being convicted of any offence--High Court rejecting such application because no evidence had yet been recorded in five cases and prosecution had evidence implicating petitioners-Petitioners challenging legality of pending trials on ground that having been tried and acquitted in first case, they could not be tried again on same facts and similar charges--It being premature to determine whether principle of S.403, Cr.P.C. would be applicable to facts of present case, Supreme Court refused leave to appeal with observation that it would be open to petitioners to raise the question before Trial Court. Nazir Ahmad Siddiqi, Advocate-on-Record for Petitioners, Sattar A. Shaikh, Advocate Supreme Court and Abdul Saeed Khan, Advocate-on-Record for the State. Date of hearing: 10th August, 1986. ORDER ZAFFAR HUSSAIN MIRZA, J.--This petition for leave to appeal is directed against judgment, dated 2nd June, 1986, whereby a learned Single Judge of the Sind High Court dismissed the criminal miscellaneous application for quashment of proceedings against the petitioners pending in the Court of Special Judge, Anti-Corruption, Karachi. 2. Briefly the facts are that petitioner Abdul Ghani was serving as Headmaster of the Union Lower Secondary School, Mehmoodabad, Karachi, and petitioner Muhammad Yousaf was the Sub-Divisional Education Officer, Mehmoodabad, having jurisdiction over primary schools. In 1981, a report was received by the Director of Schools Education, Karachi Region, Karachi, that the salaries of 11 members of the staff with fictitious names including one peon had been drawn and disbursed by Abdul Ghani. According to…

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