| Citation(s) |
|---|
| 1969 SLG 216 1969 SLD 216 1969 PLD 418 |
Supreme Court of Pakistan
Criminal Appeals Nos. K-4 to K-13 of 1969, decision dated: 23rl; May 1969.(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 19th August 1966, in Criminal Revision Applications Nos. 527 to 536, of
MUHAMMAD YAQUB ALI AND M. R. KHAN, JJ
Azizullah K. Shaikh, Advocate Supreme Court instructed by Aziz M. Dastagir, Attorney for Appellants. S. Murtaza Hussain, Advocate Supreme Court instructed by Ijaz Ali, Attorney No. 1. Nemo No. 2.
Criminal Appeals Nos. K-4 to K-13 of 1969, decision dated: 23rl; May 1969.(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 19th August 1966, in Criminal Revision Applications Nos. 527 to 536, of
MUHAMMAD YAQUB ALI AND M. R. KHAN, JJ
Azizullah K. Shaikh, Advocate Supreme Court instructed by Aziz M. Dastagir, Attorney for Appellants. S. Murtaza Hussain, Advocate Supreme Court instructed by Ijaz Ali, Attorney No. 1. Nemo No. 2.
MUHAMMAD SADIQ AND 9 others
VS
THE STATE AND ANOTHER (b) Criminal Procedure Code (v of 1898),
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958),Ss. 27 & 29 read with Displaced Persons (Land Settlement) Rules, r. 9-Offence under S. 27-Sanction for prosecution Although S. 29 does not require sanction, rule 9 of Displaced Persons (Land Settlement) Rules requires previous sanction of Chief Settlement Commissioner or his delegatee a condition precedent to making of complaint under S. 29-Prosecution of accused for offence under S. 27 withdrawn on ground that complaint was premature-Fresh complaint on same allegations not barred-Such fresh complaint, however, requires fresh sanction for prosecution Complaint lodged without fresh sanction and Magistrate taking cognizance on irrelevant and inapplicable laws - Prosecution quashed. Section 29 of the Displaced Persons (Land Settlement) Act does not require sanction for prosecution, but merely provides that no Court shall take cognizance of any offence punishable under that Act save upon complaint in writing made by an officer appointed under that Act. The necessity of sanction for prosecution, however, arises out of rule 9 of the Rules made under the Displaced Persons (Land Settlement) Act, 1958. Under this rule previous sanction in writing by the Chief Settlement Commissioner or his delegate is a condition precedent to the making of a complaint under section 29 of the Displaced: Persons (Land Settlement) Act, 1958. A complaint was lodged under section 27 of the Displaced Persons (Land Settlement) Act, 1958, for filing of bogus claims. But the prosecution was withdrawn under section 494, Cr. P. C. on the ground that the filing of the complaint was premature inasmuch as the question relating to the allotments in favour of the accused was awaiting decision by the higher Settlement authorities. Subsequently a fresh complaint was filed on the same allegations. The question was whether there was a proper sanction for fresh prosecution of the accused. The High Court took the view that the sanction of the proper authority on the basis of which the complaint was filed for the first time against the accused was not exhausted after the withdrawal of the case against them and that the same sanction continued…
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