Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Quashing of proceedings---Civil and criminal proceedings---Contemporaneous determination---Validity---Petitioner had called in question the inquiry proceedings initiated against him by Anti-Corruption Establishment on application of respondent, which stood finalized on the basis of material produced before it---High Court could not interfere in the inquisitorial exercise being conducted by an Investigating Agency---Determination of the validity or otherwise of the allegations. would entail resolution of controversial question of -fact which exercise could not be undertaken by High Court in its constitutional jurisdiction---Contention that since the matter had been finally settled by the Revenue Authorities,- therefore proceedings being conducted by the Anti-Corruption Establishment was unwarranted, had no force---Determination of a dispute by Revenue Authorities could by no means wipe out the criminal liability of a person who, on the basis of material collected by the Investigating Agency; was prima facie found to be implicated in the crime---Other argument that matter being essentially of civil nature, continuation of proceedings by the Investigating Agency was uncalled for, was also devoid of any force---Civil as well as criminal proceedings could continue side by side as those both related to different laws and. could be instituted simultaneously---Counsel for petitioner had not been able to satisfy the court as to the maintainability of constitutional petition. THIS ORDER PASSED BY: TARIQ SHAMIM, J.--- Through this petition, the .petitioner seeks quashing of proceedings initiated by the Anti-Corruption Establishment against the petitioner on an application submitted by respondent No.1. 2. The brief facts of the case are that respondent No.1, the nephew of one Muhammad Aslam filed an application with the Anti-Corruption Establishment, Punjab, questioning the legality of Mutation No.1803 entered on the basis of oral sale in favour of the petitioner, alleging fraud committed by the petitioner with the active connivance of the revenue field staff. Enquiry was initialed but on…

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