1. ' Through this Criminal Misc. Application, moved by applicant, Tanveer Ahmed, seeks quashment of the proceedings in a Case No.42 of 2002 pending before Special Judge Anti-Corruption (Provincial)
2. Sindh, bearing F.I.R. No.14 of 2001 registered ,under sections 409/420/471/34, P.P.C. Read with section 5(2) of Act II of 1947.
3. ' The brief facts, as given in Cr. Misc. Application, are that on 9-9-1996, Government of Sindh granted 99 years' lease to Callachi Cooperative Housing Society, hereinafter referred to as 'the Society', of 79.05 acres of land from Naclass No.193 in Deh Okewari, District East, Karachi. On 20-10- 1999, Muhammad Bux Jummani purchased Commercial Plots Nos.7, 8 and 11 from Callachi Cooperative Housing Society, through its Honorary Secretary Munawar Butt, who sold the same without any open auction-in violation of the rules as per prosecution case. Consequently, Messrs Star Construction purchased Plot No.8, admeasuring 9341 Sq. Yards from Muhammad Bux Jummani for a total sale consideration of Rs.3,56,82,620 vide Sale Agreement dated 15-6-2000 and MOU dated 16-6-2000. However, since the Agreement was not performed stricto senso, Messrs Star Construction filed Suit bearing No.81 of 2001 in this Court against said Muhammad Bux Jummani and others for performance of the contracts.
4. ' Later on, Administrator of the Society wrote an application to the Station House Officer, Police Station Aziz Bhatti Karachi (East) requesting for registration of F.I.R. Stating therein that in view of the serious allegations against the Society, Government of Sindh had taken an emergent measure and superseded the above Society since from the perusal of the record of the Society, Army Monitoring Team had indicated that the office-bearers of the Society were involved in illegal acts by using corrupt practices, fraud and cheating. It was alleged in the complaint that Honorary Secretary of the Society, Munawar Butt illegally/unauthorizedly allotted commercial Plots Nos.7, 8 and 11 of the Society to one Muhammad Bux Jummani directly while the commercial plots of a Cooperative Housing Society had to be allotted through open auction vide Government of Sindh L/U Department Notification dated 11-1-1971 but with connivance of each other and later on transferred_ in favour of Messrs Associates Karachi, Munawar Butt, being Honorary Secretary, forwarded the site-plans of above commercial plots illegally/ unauthorisedly to Cantt. Executive Officers, Faisal Karachi who later on approved the same. It was further alleged that Messrs Associates for forming a Construction Company in the name of Star Buildings under the assistance of Maxim Marketing launched 'SHANGRILLA DRIVES' and started booking of Luxury apartments and shops proposed on the said illegal allotted commercial plots through their Directors/Members namely Tanvir Hussain (applicant herein) Hanif Motiwala, Shahid Rasool, Ghafoor Bhutto, Farrukh Mateen of Messrs Associates, Karachi, their partners along with an employee of Deputy Commissioner (East) Office. Since the case fell under the Anti-Corruption Law, F.I.R., as above, was registered against Munawar Butt, C.C.H.S., Muhammad Bux Jummani of Jummani Group of Companies, Karachi and Directors/Members of M.S. Associates, Karachi, namely Tanveer Hussain (applicant herein), Hanif Motiwala, Shahid Rasool, Ghafoor Bhutto, Farrukh Mateen by Anti- Corruption Establishment upon onwards transmission of the application by S.H.O. Aziz Bhatti Police Station.
5. ' The investigation followed and in due course, the case was sent up to stand trial in the Court of law.
6. ' I have heard the learned counsel for the applicant as well as learned counsel appearing on behalf of the State.
7. ' It has been contended by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated into this case on account of mala fide and dishonest intentions on the part of the Investigating Agency as well as the complainant who acted out of his jurisdiction and has not submitted Charge Sheet in spite of lapse of over 2-1/2 years. It has, further, been contended by the learned counsel that the Star Construction has nothing to do with the transaction between Munawar Butt of the Society and Muhammad Bux Jummani excepting purchase of a small portion of land from Muhammad Bux Jummani at the market rate prevailing at that time. It has. Also, been contended that though the applicant has only 10% share in Star Construction yet rest of three partners have not been impleaded as accused which indicates the mala fide of the Agency against the applicant.
8. ' On the other hand, the learned counsel while appearing on behalf of the State has opposed the quashment of the proceedings inasmu ch as according to him, the prosecution case is based on the oral evidence, which requires adjudication. It has, further, been contended that the High Court under its inherent jurisdiction can intervene for the purpose of quashment only when the proceedings before the trial Court are abuse of the process of the Court. According to him, F.I.R.
9. Was registered only in 2001. The counsel for the State further explored that under section 561-A, Cr.P.C. The High Court can only interfere when the proceedings before the trial Court are abuse of the process of the Court. The perusal of the case file shows that nowhere in the application learned counsel for the applicant made mention of any kind of abuse. In this background. It has, lastly, been argued that this application is not maintainable which is liable to dismissal.
10. ' I have considered the arguments of both the learned counsel and have also gone through the impugned order.
11. ' The perusal of the impugned order reveals that on 9-9-1996, Government of Sindh granted 99 years' lease to the Society of 79.05 acres of land from Naclass No.193 in Deh Okewari, District East, Karachi. On 20-10-1999, Muhammad Bux Jummani purchased Commercial Plots Nos.7, 8 and 11 from the Society, through its Honorary Secretary Munawar Butt, who, according to prosecution sold the same without any open auction in violation of the rules. Consequently, Messrs Star Construction purchased Plot No.8, admeasuring 9341 Sq. Yards from Muhammad Bux Jummani for a total sale consideration of Rs.3,56,82,620 vide Sale Agreement dated 15-6-2000 and MOU dated 16-6-2000.
12. ' Later on, upon the written complaint of Administrator of the Society F.I.R. Was registered at Anti- Corruption Establishment wherein it was stated that in view of the serious allegations against the Society, Government of Sindh had taken an emergent measure and superseded the above Society.
13. As perusal of the record of the Society revealed that Army Monitoring Team had indicated that the office-bearers of the Society were involved in an illegal acts by using corrupt practices, fraud and cheating. Honorary Secretary of the Society, Munawar Butt illegally/ unauthorisedly allotted Commercial Plots Nos.7, 8 and 11 of the Society to one Muhammad Bux Jummani directly while the commercial plots of a Cooperative Housing Society had to be allotted through open auction vide Government of Sindh L/U Department Notification dated 11-1-1971 but with the connivance of each other and later on transferred in favour of Messrs Associates Karachi. Munawar Butt, being Honorary Secretary, forwarded the Site-plans of above commercial plots illegally/ unauthorisedly to Cantt. Executive Officers, Faisal Karachi who later on approved the same. Messrs Associates for forming a Construction Company in the name of Star Buildings under the assistance of Maxim Marketing launched `SHANGRILLA DRIVES' and started booking of Luxury apartments and shops proposed on the said illegal allotted commercial plots through their Directors/ Members namely Tanvir Hussain (applicant herein), Hanif Motiwala, Shahid Rasool, Ghafoor Bhutto, Farrukh Mateen of Messrs Associates, Karachi, their partners alongwith an employee of Deputy Commissioner (East)
14. Office. Such facts reveal that the applicant is very much involved in the above offence and unless some evidence come on record, this Court cannot interfere on account of its inherent powers. The crime which may ruin the society and create problems for the public like the persons who hopefully would have got booked their flats and shops in the so called `SHANGRILA DRIVES' is more fatal than the crime can cause damage to an individual. The delay in proceeding the matter, according to the learned counsel for the applicant, causes the damage of the liberty of the applicant but on the other hand it has not been realized that the said accused is involved in an offence of fraud and punishment provided in the sections with which he alongwith others has been charged goes upto even life imprisonment. Moreover, the prosecution case, besides documentary, is also based on the oral evidence, which requires adjudication. High Court under its inherent jurisdiction can intervene for the purpose of quashment only when the proceedings before the trial Court are abuse of the process of the Court.
15. ' In the above circumstances, I do not find any merit in this Criminal Misc. Application, which, accordingly, is dismissed.
16. ' Cr. Misc. A. No.167 of 2003 stands disposed of alongwith listed application.