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Petitioner: TEHSIL MUNICIPAL ADMINISTRATION YAZMAN through Tehsil Municipal Officer, Bahawalpur VS Respondent: SPECIAL JUDGE, ANTI-CORRUPTION BAHAWALPUR and another
Court Name: Lahore High Court Judge(s): Ch. Shahid Saeed Title:TEHSIL MUNICIPAL ADMINISTRATION YAZMAN through Tehsil Municipal Officer,
Bahawalpur vs SPECIAL JUDGE, ANTI-CORRUPTION BAHAWALPUR and another Case No.: W.P. No. 400 of 2007 Date of Judgment:2010-06-03 Reported As: PLJ 2011 Lahore 584 Result: Petition dismissed Judgment ORDER The instant writ petition is directed against the order dated 15.06.2006 passed by Respondent No. 1 by way of which application filed by Muhammad Ashraf Respondent No. 2 for re-calling the order regarding the submission of supplementary challan was re-called. 2. Brief facts of the case are that Abdul Qayyum etc. filed an application before Assists Deputy Director Anti-Corruption Bahawalpur levelling allegations of embezzlement against Sardar Ali contractor and Muhammad Ashraf Respondent No. 2. The matter was probed into by the Anti- Corruption Department and FIR No. 43/1999 was registered against the Sardar Ali and Respondent No. 2. During the investigation Respondent No. 2 was found innocent. But during the trial of the said case learned trial Court held that Respondent No. 2 has committed the offence, therefore, the said Court directed the Anti-Corruption Establishment to submit supplementary challan against. Respondent No. 2. Thereafter upon the application of Respondent No. 2 the said order was re-called by the Respondent No. 1. Hence. this writ petition. 3. Learned counsel for the petitioner argued that the order passed by the Respondent No. 1 is against law and facts and also based upon surmises and conjectures. 4. Arguments heard. Record perused. 5. Without discussing the merits of the case I observed that the instant writ petition is not maintainable in its present form because the learned trial. Court made the observation for submitting of the supplementary challan against Respondent No. 2 while acquitting the accused Qazi Shams-ud-Din and Muhammad Arshad. Thereafter the Respondent No. 1 re-called the said
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order. Writ petition is not lie against the said order. The petitioner should have filed the appeal against the said order. Therefore instant writ petition is dismissed being not maintainable.