Syed ASGHAR ALI SHAH vs CIRCLE OFFICER, ANTI-CORRUPTION ESTABLISHMENT, GHOTKI CIRCLE S — 2022 PCrLJ 709 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 709 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: Syed ASGHAR ALI SHAH vs CIRCLE OFFICER, ANTI-CORRUPTION ESTABLISHMENT, GHOTKI CIRCLE S
Subject matter: Criminal
Provisions referred to: S. 154---C; S. 265-K

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

Syed ASGHAR ALI SHAH VS CIRCLE OFFICER, ANTI-CORRUPTION ESTABLISHMENT, GHOTKI CIRCLE S. 154---Constitution of Pakistan, Art. 199---Quashing of FIR---Transfer of investigation---Scope---Accused/petitioner sought quashing of FIR and change of investigation---Held; accused could apply for pre-trial or pending trial acquittal under S. 265-K, Cr.P.C., as such no further discussion was necessary for quashing of FIR---Accused had shown mistrust upon the enquiry being conducted by Circle Officer of Anti-Corruption Establishment and had presented a photograph of the Circle Officer wherein he was sitting before a notable politician in submissive style at his place---Photograph indicated that he was vulnerable to take pressure or he was eager to make someone's acquaintance beneficial for him---Although, distrust of accused upon Circle Officer was not unfounded but still the enquiry in a criminal case could not be discontinued as such it was not proper to quash any enquiry---Enquiry was transferred to another officer---Chairman Anti-Corruption Establishment was instructed to initiate disciplinary proceedings against the Circle Officer and it further ordered that no field posting would be offered to Circle Officer in future---Petition was disposed of accordingly.

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