Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S.265-D---Discharge of accused---Principles---Trial Court to examine the entire material placed on record by prosecution, before exercising the powers under S.265-D, Cr.P.C. (b) Ehtesab Act (IX of 1997)----- ----S. 3(1)(c)(d)---Offence of corruption and corrupt practices---Scope--­Allegation against the accused was that he allotted plots to his co-accused in violation of approved Housing Scheme for construction of Government residences which caused loss to Housing Project ---Ehtesab Bench discharged the accused in exercise of powers under S.265-D, Cr.P.C.---Validity---Essential requirement for bringing the offence within the ambit of S.3(1)(c)(d) of Ehtesab Act, 1997, was that a holder of public office or any other person covered by such term by abusing his position as a holder, of public office, had sought for himself, or for his spouse or dependents any property, valuable thing .,or pecuniary advantage by corrupt, dishonest or illegal means---Prosecution did not produce any evidence to show the same---Neither the applications filed by the co-accused for allotment of plots were produced with the reference, .nor the allotment orders were placed on record; in such circumstances, it could not be said that even offence had commenced--­Grounds which weighed with the Ehtesab Bench to discharge the accused were convincing and were based on sound reasoning and thus were not open to interference---Appeal was dismissed. Ms. Nahida Mahboob Elahi, D.A.-G. and. Ch. Akhtar Ali, Advocate-on-Record for Appellant/Petitioner. Zehoorul Haq, Senior Advocate Supreme Court, Syed Zafar Abbas Zaidi, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Respondents. Date of hearing: 7th March, 2005. JUDGMENT ABDUL HAMEED DOGAR, J. ---By this common judgment, we propose to dispose of Criminal Appeal Nos. 51, 52 of 1998 and Criminal Petition No. 140 of 1998 as they arise out of judgment dated 26-6-1997 passed by a learned Division Bench of the Peshawar High Court, Peshawar, in Ehtesab Reference Nos. 2, 3 and 4 of 1997 whereby respondents were discharged under section 265-D Cr.P.C. 2. Above mentioned Ehtesab References were filed…

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