LIAQAT ALI Versus THE STATE

ORDER

Through this application Liaqat Ali petitioner wants this Court to quash proceedings in a case under section 161, P.P.C. and section 5(2) of the Prevention of Corruption Act, 1947, pending against him before Special Judge, Anti-Corruption, Sargodha.

2. The charge against him is that he demanded and accepted Rs.15,000 as illegal gratification from Dost Muhammad complainant for showing favour in grant of proprietary rights of land measuring 16 Acres, 6 Kanals and 2 Marlas.

3. Learned counsel for the petitioner contended that there is a delay of 5 years in lodging the F. I. R.; that the departmental inquiry conducted by a Tehsildar against the petitioner on the same allegation was withdrawn and that Dost Muhammad complainant has filed a civil suit against the petitioner and one Muhammad Tufail for the recovery of Rs.15,000 which were paid by him to the petitioner as illegal gratification, which is still pending adjudication.

4. I have considered the submissions made by the learned counsel with care. I have not been able to persuade myself to agree with him. I find that there is no legal bar to the prosecution of the petitioner in criminal case during the pendency of his civil suit pertaining to the amount allegedly received by the petitioner as illegal gratification; that the prosecution proposes to examine number of witnesses against the petitioner and that the submissions made by the learned counsel that there is a delay of 5 years in lodging the F.I.R. and departmental inquiry conducted by Tehsildar against the petitioner was withdrawn do not make out a case for quashment of proceedings. In the peculiar circumstances of the case, I don't want to pre-empt the duties and function of the trial Court. Since criminal proceedings as well as civil suit can continue simultaneously, therefore, I do not desire to stay proceedings in criminal case till the decision of civil suit between the parties.

For what has been said above, there being no merit, the petition is dismissed in limine.

S. A./L-26/L Petition dismissed.