Raja MUHAMMAD ZULFIQAR vs THE STATE
The petitioner sought leave to appeal against the High Court's dismissal of his application under section 561-A of the Code of Criminal Procedure 1898, seeking to quash criminal proceedings under section 409 of the Pakistan Penal Code 1860. The petitioner had previously been acquitted of criminal breach of trust, but a subsequent departmental audit revealed further alleged financial irregularities leading to fresh charges under section 409, 420, 468, and 471 of the Pakistan Penal Code 1860 read with section 5(2) of the Prevention of Corruption Act 1947. The petitioner contended that although section 403 of the Code of Criminal Procedure 1898 was not strictly applicable, the principles underlying it should be attracted as the subsequent offence was similar and relied on the same evidence. The Supreme Court noted this was a case of first impression lacking a prior authoritative ruling from the apex court and granted leave to consider whether the principles of section 403 of the Code of Criminal Procedure 1898 apply in such circumstances.
- Whether the principles of section 403 of the Code of Criminal Procedure 1898 are attracted to a subsequent trial where the offence is similar in nature and based on the same evidence as a previous trial resulting in acquittal?
- Can criminal proceedings be quashed under section 561-A of the Code of Criminal Procedure 1898 on the ground of a previous acquittal for a similar offence?
- Section 561-A, Code of Criminal Procedure 1898
- Section 409, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
- Section 249-A, Code of Criminal Procedure 1898
- Section 265-K, Code of Criminal Procedure 1898
- Section 403, Code of Criminal Procedure 1898
ORDER
' ASLAM RIAZ HUSSAIN, J.-Petitioner seeks leave to appeal against the order of the High Court, dated 11-1-1983, dismissing his application under section 561-A, Cr. P. C. Praying that proceedings against him under section 409, P. P. C. Be quashed.
2. Facts, briefly, are that the petitioner who was a Head Cashier in the Government Transport Service, Gujrat, was accused of having committed the breach of trust in respect of certain amounts of money 'during his tenure as the Head Cashier. He was, however, acquitted of the said charge on 29-4-1980. But subsequently, an audit of the accounts of the Department was carried out by the Audit Party which disclosed the commission of offence by the petitioner punishable under section 409/ 420/468/471, P. P. C. Read with section 5(2) of the Prevention of Corruption Act, 1947. The matter was entrusted for trial to the Special Judge, Anti-Corruption, Lahore.
' The petitioner filed an application under sections 249-A and 265-K, Cr. P. C. Which was dismissed by the trial Court. He then filed a quash-meat application under section 561-A, Cr. P. C., before the High Court for the quashment of criminal proceedings against him.
3. He urged before us that although provisions of section 403, Cr. P. C. Which provide that a person who is once acquitted of an offence cannot be tried again for the same offence, are not strictly applicable to this case. But since the offence is similar in nature to the one of which he was acquitted and the evidence of which the prosecution seeks to prove the subsequent case against him is the same as in the previous one, the principles of section 403, Cr. P. C. Would be attracted.
For this contention he relied on Muham nod Ikram and others v. The State (1) and a number of other authorities mentioned in the said judgment.
4. There is no judgment of the Supreme Court on this case. As such this is a case of first impression requiring a well-considered judgment by this Court. Leave is, therefore, granted to consider whetter in the peculiar circumstances of this case the principles of section 403, Cr. P. C. Would be attracted to the petitioner's case.
(11 P I. D 1965 Lab. 461