Karim Bakhsh vs State S — 2025 PCrLJ 1957 LAHORE-HIGH-COURT-LAHORE

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Karim Bakhsh VS State S. 5 (2)---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Punjab Anti-Corruption Establishment Rules, 2014, R. 10(1)---Police Rules, 1934, R. 24.7---Criminal Law (Amendment) Act (XL of 1958), S. 6 (5)---Criminal Procedure Code (V of 1898), S. 439---Cancellation of case---Trial of private person---Anti-Corruption Court, jurisdiction of---Accused / private person assailed order passed by Trial Court whereby only case against accused public servant was cancelled on the basis of investigation report---Validity---If Anti-Corruption Establishment after investigation, finds that judicial action is not warranted but reasonable evidence is available to initiate disciplinary action against public servant, then Establishment, after confirmation of cancellation report by concerned Court, can refer the matter to competent authority for initiation of such action in accordance with law for the time being in force as per mandate of R.10(1)(b) of Anti-Corruption Establishment Rules, 2014---When case is dropped/cancelled by the order of Director General or by Court, the complainant can move to local police for registration of case against private individuals or can file private complaint before Anti-Corruption Court on the ground that sufficient evidence was also available against public servants which was not considered by Anti-Corruption Establishment, and in such eventuality, Anti-Corruption Court if entertains the complaint can direct for investigation as mentioned in S. 6(5) of Criminal Law (Amendment) Act, 1958---In cancellation report it was mentioned that investigating officer after obtaining legal opinion recommended the case to be dropped, and proposed departmental action against accused public servant---Only course available to Trial Court under Rule 10(1)(b) of Anti-Corruption Establishment Rules, 2014 was either to confirm cancellation report, or disagree with it in toto if it considered that allegations were established against public servants as well---There was no concept of trial of private individuals by Anti-Corruption Court without framing charge against public servants, because it would be like trying abettors, instigators, conspirators, facilitators while exonerating principal offender and such was against the very spirit of criminal prosecution---High Court set aside order passed by Trial Court as the same was against the canons of law and could not be given sanction---High Court remanded the matter to Trial Court for decision afresh on cancellation---Revision was allowed accordingly.

Karim Bakhsh vs State S — 2025 PCrLJ 1957 LAHORE-HIGH-COURT-LAHORE

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