| Citation(s) |
|---|
| 2002 SLG 1373 2002 SLD 1373 2002 SCMR 1264 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.746-L of 2001, decision dated: 14-02-2002, hearing DATE : 14-02-2002. (On appeal from the judgment, dated 10-10-2001 of the Lahore High Court, Multan, passed in Criminal Appeal No.930 of 1999)
QAZI MUHAMMAD FAROOQ AND TANVIR AHMED KHAN, JJ
Dr. A. Basit, Advocate Supreme Court for Petitioners. Saleem Sehgal, Advocate Supreme Court with Tanvir Ahmed for
Respondent No. 1.
Criminal Petition for Leave to Appeal No.746-L of 2001, decision dated: 14-02-2002, hearing DATE : 14-02-2002. (On appeal from the judgment, dated 10-10-2001 of the Lahore High Court, Multan, passed in Criminal Appeal No.930 of 1999)
QAZI MUHAMMAD FAROOQ AND TANVIR AHMED KHAN, JJ
Dr. A. Basit, Advocate Supreme Court for Petitioners. Saleem Sehgal, Advocate Supreme Court with Tanvir Ahmed for
Respondent No. 1.
MUHAMMAD LATIF and others
VS
Mian AHMED ALI and others
Law:
Section:
Penal Code (XLV of 1860)---Ss. 420/467/468/471---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art.185(3)---Special Judge Anti Corruption had initially issued process against the accused after going through enquiry report as well as preliminary evidence brought on record, but subsequently on an application moved under S.249-A, Cr.P.C. by some of the accused quashed the proceedings against them---Order of the Trial Court in acquitting the accused was scanty and had been passed in a slipshod manner without providing opportunity to the prosecution to lead evidence... High Court in such circumstances had committed no illegality in accepting the appeal of the respondents and remanding the case to the Trial Court for re-trial against the accused---Leave to appeal was consequently declined to the accused by the Supreme Court. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 10-10-2001 passed by a learned Single Judge of the Lahore High Court, Lahore whereby Criminal Appeal No.930 of 1999 filed by the respondents against the order, dated 25-3-1998 passed by the learned Special Judge Anti-Corruption, Lahore, acquitting the petitioners under section 249-A, Cr.P.C., was allowed directing the learned trial Judge to take serious note and decide the case on priority basis by giving opportunity to the prosecution to prove its case. The facts briefly narrated for the disposal of this petition are that the respondents filed a complaint against the petitioners that they in a forged and fraudulent manner grabbed Government properties valuing crores of rupees with the connivance of the officials of Lahore Development Authority. The learned Special Judge Anti-Corruption, Lahore, secured a report and after preliminary enquiry issued process against the petitioners. Some of the petitioners then moved an application under section 249-A, Cr.P.C. for quashment of proceedings against them and the learned Special Judge Anti-Corruption, Lahore, vide his order, dated 25-3-1998 accepted the…
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