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Initializing Secure Chambers
Petitioner: MUHAMMAD ABIDEEN VS Respondent: State
2016 G B L R 165 [Supreme Appellate Court] Before Dr. Rana Muhammad Shamim, C.J., and Shahbaz Khan, J MUHAMMAD ABIDEEN---Petitioner Versus The STATE through FIA Gilgit-Balistan---Respondent Cr. Misc. Nos. 5, 9 of 2015, Cr. Appeal No. 3 of 2015 in Cr. P.L.A. No. 8 of 2015, heard on 17th May, 2016. Penal Code (XLV of 1860)--- ----S. 409---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant---Taking illegal gratification---Appreciation of evidence---Counsel for accused submitted that he would be satisfied, if the directions were issued to the Trial Court to dispose of the case expeditiously on its merits within shortest possible time and that he could be allowed to withdraw the petition---Accused was allowed to withdraw his case with the directives to the Trial Court that all the material prosecution witnesses be examined expeditiously within a period of 3 months positively; whereafter accused would be at liberty to move an application under S.249-A or under S.265-K, Cr.P.C., in the Trial Court. Malik Shafqat Wali, Senior Advocate-on-Record for Petitioner. Deputy Attorney-General for Pakistan at Gilgit-Baltistan for Respondent. Date of hearing: 17th May, 2016. ORDER DR. RANA MUHAMMAD SHAMIM, C.J.---After arguing the case at length Mr. Malik Shafqat Wali senior counsel for the petitioner submits that he would be satisfied, if the directions are issued to the learned Trial court to dispose of this case expeditiously on its own merit within shortest possible time. He also submits that he may be allowed to withdraw the above petition in circumstances. On the other hand, the learned Deputy Attorney General for Pakistan at Gilgit-Baltistan submits that the challan of the case has been submitted and charge has also been framed in the learned Trial Court. The case is fixed for prosecution evidence. The petitioner may agitate the legal questions in the learned Trial Court. In view of the above discussions, the petitioner is allowed to withdraw his case with the directions to the learned Trial Court that all the material prosecution witnesses be examined expeditiously within a period of three (03) months positively whereafter the petitioner would be at liberty to move an application under section 249-A or under section 265-K, Cr.P.C. in the learned Trial Court, if so advised. The petition is disposed off in above terms. HBT/120/GB Order accordingly.