| Case ID |
5caf8dd9-e0aa-4638-b764-6e79cbc484e2 |
| Body |
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| Case Number |
Criminal Revision Applications Nos. 06 and 13 of 2 |
| Decision Date |
Sep 03, 2018 |
| Hearing Date |
Aug 16, 2018 |
| Decision |
The Sindh High Court allowed the criminal revision applications filed by the State and Ms. Ayesha Malvina Abbasi, setting aside the order of the Trial Court that had rejected the supplementary investigation report. The High Court emphasized that the law permits reinvestigation even after the submission of a final challan. The case involved serious allegations of white-collar crime, including fraud and misappropriation of funds. The Court directed the Trial Court to accept the supplementary challan and proceed with the case as per legal provisions, stressing the importance of considering merits over technicalities in judicial proceedings. |
| Summary |
In the case concerning Criminal Revision Applications Nos. 06 and 13 of 2017 decided by the Sindh High Court, the court addressed significant legal questions related to white-collar crimes, particularly fraud and misappropriation of funds. The case arose from allegations that a substantial amount of Rs. 12,85,95,919 was misappropriated through fraudulent transactions and fake correspondences. The High Court found that the Trial Court had improperly rejected a supplementary investigation report without due consideration of the evidence collected. The ruling underlined the legal principle that reinvestigation is permissible even after a final challan has been submitted, thus allowing the prosecution to present additional evidence against the accused. This decision highlights the judicial system's commitment to ensuring that justice is served based on the merits of the case rather than procedural technicalities. The case is pivotal for reinforcing the rights of victims in financial crimes, ensuring that those responsible for such misdeeds are held accountable. This case also serves as a crucial reference for future cases involving white-collar crimes, emphasizing the need for thorough investigations and the acceptance of supplementary evidence to uphold the integrity of the judicial process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD IQBAL KALHORO,
SHAMSUDDIN ABBASI
|
| Lawyers |
Not available
|
| Petitioners |
Salman Talibuddin Additional Attorney General for Pakistan,
Miss Maria Ahmed
|
| Respondents |
PRESIDING OFFICER, SPECIAL JUDGE (OFFENCES IN BANKS), KARACHI,
Zeeshan Abdullah
|
| Citations |
2019 SLD 1533,
2019 MLD 1139
|
| Other Citations |
Raja Khurshid Ahmed v. Muhammad Bilal and others 2014 SCMR 474,
Bahadur Khan v. Muhammad Azam and 2 others 2006 SCMR 373,
Muhammad Hanif Pathan v. The State and 3 others PLD 1999 Kar. 121,
Mustafa and others v. The State 2009 YLR 1375,
Muhammad Akbar v. The State and another 1972 SCMR 335,
Mitho alias Muhammad Mithai v. Province of Sindh through Secretary Home Department and 15 others 2018 PCr.LJ 101,
Asif Ali v. Province of Sindh and 10 others 2016 PCr.LJ 1484,
Rao Muhammad Shakir v. Province of Sindh and 6 others PLD 2015 Sindh 213,
Munir Ahmad v. Additional Inspector General of Police, Punjab and 6 others 2016 MLD 2039
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
87,
88,
173,
512,
34,
109,
409,
420,
468,
400
|