Sheikh Akhtar Aziz vs Province of Punjab Ss — 2025 MLD 55 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 55 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Sheikh Akhtar Aziz vs Province of Punjab Ss
Subject matter: Criminal

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

Sheikh Akhtar Aziz VS Province of Punjab Ss.12 & 24(b)---Remaining sale consideration deposited in the Government treasury through court in a suit for specific performance instituted by the petitioner---Fraudulent withdrawal/embezzlement of such amount by a court employee without any role of the depositor/ petitioner---Petitioner claimed refund of the remaining sale consideration deposited with the Trial Court after culmination of litigation against him from the Supreme Court---Validity---Civil Court had confirmed embezzlement of the amount in question and zero involvement of the petitioner and despite observing that Provincial Government was liable to return the amount, the matter was referred to the High Court---High Court opined that if each case of similarly placed person was referred to Administrative Committee of High Court, it would cause delay in dispensation of justice and amount to keeping the affectees of such like embezzlement remediless---High Court held that if embezzled amount was deposited in Government treasury on court's direction, the same Court on an application by the claimant shall determine that whether the amount was embezzled, not paid to the party so entitled, and that the claimant had no role, direct or indirect, in the fraud and shall itself direct the Provincial Government for payment of the amount to the entitled person, within given time and the embezzled amount, if recovered thereafter, shall obviously go to the State treasury---Constitutional petition was allowed, in circumstances.

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