MUHAMMAD AYUB CHAUDHARY vs State Ss — 2022 PCrLJ 1324 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 1324 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD AYUB CHAUDHARY vs State Ss
Subject matter: Criminal
Provisions referred to: S. 5; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AYUB CHAUDHARY VS State Ss. 351 & 561-a---Penal Code (XLV of 1860), Ss. 161 & 162---Prevention of Corruption act (II of 1947), S. 5(2)---Illegal gratification and misconduct---arraying of accused---Direction of Trial Court---applicant was aggrieved of order passed by Trial Court directing investigating officer to submit charge sheet against him in Court---Validity---Trial Court was duty bound to do justice by punishing the real culprits as accused---Court was not powerless in calling applicant to face trial---Court was the sole repository of justice and duty was cast upon it to uphold the rule of law---High Court did not deny existence of such powers with the Courts in criminal justice system where it was not uncommon that real accused, at times got away by manipulating investigating and / or prosecuting agency---Desire to avoid trial is so strong that an accused makes efforts at times to get himself absolved even at the stage of investigation or inquiry even though he may be connected with the commission of offence---High Court declined to give its categorical and specific verdict regarding applicant that he was not involved in commission of offence---No such precise verdict in criminal cases can be given as every criminal case has its own facts and circumstances---High Court declined to interfere in the order passed by Trial Court as the same was passed after thoroughly examining the record and direction was rightly issued to investigating officer to submit Challan against applicant--- application was dismissed, in circumstances.

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