| Citation(s) |
|---|
| 1996 SLG 1396 1996 SLD 1396 1996 PLD 454 |
Lahore High Court
Writ Petition No. 1203/Q of 1996, decided on 18th March, 1996.
ZAHID HUSSAIN BOKHARI, J
ShamasulQamar Khan for Petitioner. Muhammad Sarwar Bhatti, A.A.G. for the State.
Writ Petition No. 1203/Q of 1996, decided on 18th March, 1996.
ZAHID HUSSAIN BOKHARI, J
ShamasulQamar Khan for Petitioner. Muhammad Sarwar Bhatti, A.A.G. for the State.
MEHBOOB ALI er
VS
THE STATE and 3 others --Respondents
Law:
Section:
Penal Code (XLV of 1860) -- ---- S. 420/467/468/470/471/161 ---Prevention of Corruption Act (11 of 1947), S-5(2) --- West Pakistan Anti-Corruption Establishment Ordinance (XX of 1961), S.3 --- Punjab Anti-Corruption Establishment Rules, 1985, R.8 --- Constitution of Pakistan (1973), Art. 199 --- Quashing of F. I.R. ---Accused being a Revenue Patwari was a public servant and case against him could not have been registered except under the orders of the officers mentioned in R. 8 of the Punjab A Corruption Establishment Rules, 1985. after holding preliminary investigation Station House Officer of Police Station not being authorized, under the lam register the case against the accused, and to investigate the same, registration the impugned F.I.R. against the accused was declared to be without law authority and of no legal effect and was consequently quashed. 1992 MLD 311 ref. ORDER Mehboob Ali petitioner has challenged the registration of and prayed for quashment of case F. I.R. No. 190/95 dated 1-8-1995 under section 420/468/470/471/161, P.P.C. and section 5 of Act 11 of 1947 registered at Police Station City Jalalpur Pirwala, District Multan. 2. Muhammad Shafi. and Jabbar Din respondents Nos. 3 and 4 presented written application on 1-8-1995 before S.H.O., P.S. Jalalpur Pirwala for registration of a criminal case against petitioner Mehboob Ali, a Revenue Patwari of Village Chak No.62-M, Tehsil Jalalpur Pirwala, District Multan.it was mentioned in the application that Mahboob Ali Patwari demanded Rs.80,000 as illegal gratification from said Muhammad Shafi and Jabbar Din on the pretext of allotting 100 Kanals of land to each of them and received the same in his own house in the presence of Muhammad Aslam, Muhammad Boota and Subey Khan, one year prior to the presentation of said application. Allegedly Mahboob Ali petitioner prepared fictitious Khasra, Girdawari for Kharif, I and Rabi 1994 in the names of Muhammad Shafi and Jabbar Din. As a matter of fact the land was never allotted in the names of complainants and Mahboob Ali accused/petitioner fraudulently received Rs.80,000 as bribe by misusing his official capacity and prepared bogus/fictitious Revenue Record…
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