Law: Criminal Procedure Code (V of 1898)

Section: 561

Criminal Procedure Code (V of 1898)------S. 561-A-Application for expungement of remarks from -Application dismissed without hearing applicant on merits-Order dismissing application set aside by Supreme Court and Court below directed to dispose of application on merits. Qadeer-ud-Din, Advocate Federal Court instructed by M. Siddiq, Attorney for Appellant. S. Nasir-ud-Din, Advocate Federal Court instructed by M. A. Zaidi, Attorney for the Crown. Dates of hearing : 7th and 10th January 1955. JUDGMENT MUHAMMAD MUNIR, C. J.-This is an appeal, by special leave, from au order of the Chief Court of Sind dismissing the application of appellant Abdul Karim Butt for the expunging of certain remarks made against him by Mr. Leghari, Additional City Magistrate, Karachi, in his order dated 3rd December 1951. On the basis of two separate transactions, Iftikhar Ali Beg, Salim H. Muhammad, Checko and Fernandes were prosecuted bythe Pakistan Special Police Establishment on charges under sections 420/468/471 and 120-B of the Pakistan Penal Code. A joint enquiry was held against them all by Mr. Leghari, who dis­charged Checko and Fernandes but committed Beg and Muhammad to the Court of Session on charges under sections 467, 476 and 120-B of the Pakistan Penal Code. The remarks objected to were made in the order discharging Checko and Fernandes. In the case arising out of the transaction with reference to which the remarks were made the appellant as a witness for the prosecution, had given evidence that he was a sub-manager in the Muslim Commercial Bank Ltd., Karachi, which was an authorised dealer under the Foreign Exchange Regulation Act, VII of 1947; that on 26th July one Homi Agha, Manager of the Punjab National Bank, had introduced to him Beg as a merchant who needed sterling for goods that had been imported under an open general licence; that Beg had filled in an application for purchase of £ 33661/8/4 in order to pay for the goods which had been purchased in England and imported in Karachi by s. s. For Aklavik; that in support of this transaction he had produced a bill of entry and an invoice which showed that the Pakistan Shipping Corporation, Karachi, had imported 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