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2008 YLR 1954

ZAFAR NADEEM vs Haji MUHAMMAD SHOAIB and others

Citation2008 YLR 1954
CourtLahore High Court
Case No.Writ Petition No,1830 of 2006
Date2006-03-01
Judge(s)Ali Nawaz Chohan
ResultOrder accordingly

1. ' ALI NAWAZ CHOWHAN, J.---The matter pertains to case F.I.R. No,59; dated 16-12-1999 registered under section 39-A of the Electricity Act, at Police Station Batala Colony, Faisalabad.

2. ' The respondents in this case were tried and during trial the arch witnesses of the petitioner side, one of whom Zafar Naveed, the S.D.O., and the other Faqir Masih, the Lineman, did not support the prosecution case, because, according to them, the meter under reference was defective since 1998. S.D.O, Tauqir, the person who was the witness of theft of electricity, was not enlisted and this is the reason why the court below successively did not agree with the prosecution story and the respondents were acquitted.

3. ' Now through this writ petition, the order of acquittal is impugned. The question is what is the fulcrum of the case of the petitioner except for these witnesses? None at all. So how can this order of acquittal be reversed when there are no basis. A judicial process having taken a course and having determined the fate of the case and there is nothing to suggest any miscarriage of justice, this writ petition is not sustainable in law.

4. ' But this case represents a strange paradox. The respondents were being prosecuted by the lower formation of WAPDA for reporting theft. Its member, however, retracted because they were either suborned the trial Court or the case ab initio was false. Although the order of acquittal is not being interfered with by this Court but it is essential that the matter is brought to the notice of the upper echelons of the agency for looking into what may be the "maladministration in the matter . A copy of this order be therefore, immediately sent to the Member Power of WAPDA at WAPDA House for a serious investigation and who shall be submitting his report after he has done his homework in one month's time from today.

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