Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 188, 196-A, 435, 436, 439 & 561-A---Penal Code (XLV of 1860), Ss.120-B, 231, 468 & 471---Constitution of Pakistan (1973), Art.185(3)---Compulsory winding up of Bank---Involvement in fraudulent bank transactions---Complaint---Filing of---Sanction from Government mandatory for filing of complaint under S.188, Cr.P.C.---Scope---Cognizance taken under S.120, P.P.C. by ignoring provisions of S.196-A, Cr.P.C.---Validity---Charge---Challenge to---Bank in question was subjected to compulsory winding up as it was allegedly carrying on business detrimental to public interest and was not able to meet its obligations to creditors due to its dwindling financial position---Liquidators authorized complainant/respondent to initiate criminal proceedings against all persons involved in crime---Complainant filed complaint under Ss.231, 468, 471 read with S.120-B, P.P.C. before Sessions Court, nominating accused/appellant who along with other 24 accused persons was involved in fraudulent bank transactions---Accused/ appellant, after framing of charge, challenged the same by filing criminal revision under S.435, 436 & 439, Cr.P.C. before High Court for quashment of proceedings---Accused contended that at time of filing of complaint, sanction from Government had not been obtained in that behalf as required under S.188, Cr.P.C. which was mandatory in nature as offence was allegedly committed outside Pakistan and that charge was not maintainable, for cognizance had been taken under S.120, P.P.C. which provision of law was also hit by S.196-A, Cr.P.C. according to which complaint was to be made by order or under authority from Central Government or Provincial Government concerned or some officer empowered in this behalf by either of the two governments---Criminal Revision was partly allowed in respect of charge and was dismissed on the question of sanction, by High Court---Validity---Record showed that complainant, prior to filing of complaint, had obtained sanction from Ministry of Interior for prosecution---As to the charge, High Court had rightly directed Trial Court to frame charge according to law keeping in view of…

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