AMIR MUHAMMAD vs State S — 2026 PLD 135 ISLAMABAD

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AMIR MUHAMMAD VS State S. 409---Prevention of Corruption act (II of 1947), S. 5(2)---Pakistan Criminal Law (amendment) act (XL of 1958), Ss. 4 & 5---Criminal Procedure Code (V of 1898), Ss. 179, 181 (2) & 439---Criminal breach of trust---Place of trial---Principle---accused persons were public servants who were alleged to have issued illegal Computerized National Identity Cards and passports to foreign nations at place "Q"---Case was investigated at place "I" and Special Court at place "I" had also assumed the jurisdiction---Validity---Offence of "criminal breach of trust" can be tried by the Court within whose local limits of jurisdiction the offence is committed by a public servant as well as the Court where any part of the property which is the subject of the offence is received or retained by accused persons---Offence of "criminal breach of trust" allegedly committed by accused persons as public servants occurred in another province, whereas there was no allegation that the accused persons received or retained in place "I" any part of the property which was subject of alleged offence---Special Judge at place "I" could not try accused persons for the offence under S.409, P.P.C. unless he could try them for any of the other alleged offences by virtue of S.5 (7) of Pakistan Criminal Law (amendment) act, 1958---Special Judge at place "I" did not have territorial jurisdiction to try the case registered against accused persons---High Court set aside the orders passed by Special Judge and applications filed under S.4 of Pakistan Criminal Law (amendment) act, 1958 read with S.177, Cr.P.C. were allowed---High Court directed the Special Judge to return FIRs and challans submitted by FIa to the prosecution or concerned investigating officer for the purpose of submission before Court of competent jurisdiction---Revision was allowed in circumstances.

AMIR MUHAMMAD vs State S — 2026 PLD 135 ISLAMABAD

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