Law: Pakistan Penal Code, 1860

Section: 161

Penal Code (XLV of 1860)---Ss. 161 & 109--Prcvcrition of Corruption Act (II of 1947), S.5(2)--Pakistan Criminal Law Amendment Act (XL of 1958), S.10(4)--Withdrawal from prosecution--Whether consent of Court necessary--Cases challaned under the Pakistan Criminal Law Amendment Act, 1958, cannot be withdrawn by the Public Prosecutor without the orders in writing of appropriate Government--No embargo exists of consent of the Court under S.10(4) of the Act and it is prerogative of Government under the Special Law to order for withdrawal-­Where an application under S.10(4) of the Act (XL of 1958) is moved and it is a State case permission or consent of the Court is not necessary. P L D 1963 W.P. Kar. 833; P L D 1965 W.P. Quetta 1; P L D 1975 Lah. 651 and P L D 1956 Kar. 365 ref. ORDER These two Criminal Revision Applications bearing Nos. 10 of 1989 and 23 of 1989 under sections 435 and 439, Cr.P.C. have been filed against the common order dated 18th January, 1989 of learned Special Judge (Central) Karachi. The identical point is involved in both the revisions, therefore, 1 propose to dispose of these revisions by this single order. 2. The facts are that Case No. 122 of 1978 under section 161, P.P.C. and 109, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 is pending against Dr. Nasir A. Shaikh and Dr. Mehjabin wife of Dr. Nasir A. Shaikh in the Court of Special Judge (Central), Karachi. The Government of Pakistan, Ministry of Interior in letter No. 9/12/88-FIA(I); dated 27th December, 1988 in pursuance of subsection (4) of section 10 of Pakistan Criminal Law Amendment Act, 1958 passed an order for withdrawal of the prosecution against Dr. Nasir A. Shaikh, Ex-Director-General, Health. The Public Prosecutor, Ministry of Interior, F.IA. S.Z. Karachi filed an application under section 10(4) on 4th January, 1989 in the Court of Special Judge (Central), Karachi for permission to withdraw the above case. MeanwAile the Government amended the withdrawal order by letter dated 5th January, 1989, in which it was desired to withdraw the case against Mr. Nasir A. Shaikh, Ex-Director-General Health and all other accused generally in respect of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492