| Case ID |
e947fd47-e8a5-4a60-a54e-77472e907f35 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 10123 of 2010 |
| Decision Date |
Sep 30, 2010 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Muhammad Anwar seeking to quash the FIR No. 73 of 2009. The petitioner was accused of criminal breach of trust and corruption while serving as Registry Moharar in the Revenue Department, Sargodha. The investigation revealed that the petitioner, along with co-accused, misappropriated a significant amount of public funds. Despite the petitioner's claims of innocence and previous departmental punishment, the court found sufficient evidence to establish a cognizable offence. The court emphasized that it could not interfere with the findings of the investigating officer and advised the petitioner to seek acquittal in the trial court if he believed the prosecution lacked evidence against him. |
| Summary |
This case involves a constitutional petition filed by Muhammad Anwar against the FIR registered under section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act. The petitioner and his co-accused were implicated in a scheme involving the misappropriation of public funds amounting to Rs. 3,00,000. The investigation established that the accused received funds related to registries and subsequently deposited the embezzled amount into the Government Treasury when their fraudulent activities were uncovered. The High Court, exercising its powers under Article 199 of the Constitution, ruled that it could not act as an investigator or overturn the findings of guilt established during the investigation. The court dismissed the petition, reiterating that any further interference would obstruct the legal process. The decision underscores the importance of due process in corruption cases and the role of the High Court in ensuring that justice is served without overstepping its bounds. |
| Court |
Lahore High Court
|
| Entities Involved |
Anti-Corruption Establishment,
|
| Judges |
Sh. Ahmad Farooq
|
| Lawyers |
Malik Saeed Hassan,
Jawad Hassan
|
| Petitioners |
MUHAMMAD ANWAR
|
| Respondents |
,
DIRECTOR ANTI-CORRUPTION, SARGODHA
|
| Citations |
2011 SLD 6443,
2011 PCRLJ 445
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Prevention of Corruption Act, 1947,
Constitution of Pakistan, 1973
|
| Sections |
409,
5(2),
199
|