Criminal Revision No.134 of 2011
Date Order with signature of the Judge
For Katcha Peshi.
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Ms. Naheed A. Shahid, Advocate for Appellant.
Mr. Ashfaq Ahmed, D.A.G.
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Counsel for the appellant contends that a private complaint was filed in Special Court (Offences in Banks) Sindh at Karachi on behalf of Dubai Islamic Bank of Pakistan Limited and the statement of complainant was recorded on 16.4.2010, thereafter, on different dates complainant along with his witnesses was present in Court but for one reason or the other statement of remaining witnesses could not be recorded and ultimately the Court on 21.01.2011 when incidentally neither the complainant nor his witnesses was present had dismissed private complaint without discussing merit or otherwise of the instant complaint.
Learned DAG does not oppose the setting aside of impugned order on the ground that learned Presiding Officer of the Special Court (Offences in Banks) had dismissed the complaint virtually on account of non-prosecution, which is not permissible under the law.
We have heard the learned counsel for the respective parties and perused the record of this case.
In cases where the statement of complainant is recorded in corroboration with private complaint then the Court is left with no option but to consider the statement recorded on oath and to give its findings regarding insufficiency of the ground for proceeding with the complaint, in the instant case learned Presiding Officer has not discussed at all this aspect and virtually has dismissed private complaint on account of non-prosecution, which is neither provided under Section 203, Cr.P.C. nor is the spirit of law. In the circumstances, order dated 21.01.2011 is set aside and the case is remanded back to the trial Court where complainant would produce his witnesses on 28.3.2012.
JUDGE
JUDGE
Const. Petition No.D-3319 of 2011
Date Order with signature of the Judge
1. For order on Misc. No.4623/2012 (Urgent).
2. For hearing of Misc. No.15308/2011 (Stay).
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Syed Muhammad Yahya, Advocate for Petitioner.
Mr. Ashfaq Ahmed, D.A.G.
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Counsel for the petitioner pleads urgency and seeks fixation of the entire petition as well as pending applications. Learned DAG requests for time to file comments. A week time is allowed for filing comments and the matter be listed for hearing on 27.3.2012 at 11am with the mark of caution that in case no comments by the DAG is filed by then, matter would be decided on the basis of record available.
JUDGE
JUDGE