' This is an application under section 561-A read with section 439, Cr. P.C. By the applicant praying that the criminal case filed against him in the Court of Special Judge, Anti-Corruption, Karachi may be quashed.
2. The applicant, alongwith two Government officials namely, Mian Bahadur Shah and Qamaruddin, was sent up before the Special Judge for trial for offence under section 161, P.P.C. Read with section 5 (2) Prevention of Corruption Act, II of 1947. The case against Mian Bahadur Shah and Qamaruddin ended in acquittal, because the Government refused to sanction their prosecution under Criminal Law Amendment Act, 1958. Thereafter, complainant Muhammad Hand Niazi filed a direct complaint for the same offence against Mian Bahadur Shah, Qamruddin and Karimuddin. The Special Judge took cognizance of the case, but Qamaruddin filed in this Court Criminal Miscellaneous Application No, 48 of 1982, The application was allowed by Mr. Justice Ali Nawaz Budhani by his order, dated 16- 3-1982. It was held by the learned Judge.
"Under these circumstances the proceedings pending against the applicant Qamaruddin and another are hereby quashed."
3. It is argued that by the order, dated 16th March, 1982, even the proceedings against the present application Karimuddin shall be deemed to have been quashed. Although Karimuddin, applicant was not party in the Criminal Miscellaneous Application No, 48 of 1982, filed by Qamaruddin, but the order passed in that matter was in respect of the persons who were accused with Qamaruddin in the case. Mr. Qarni learned counsel for the State concedes that by virtue of the order of this Court, dated 16-3-1982 passed in Criminal Miscellaneous Application No, 48 of 1982, the case against applicant Karimuddin shall also be deemed to have been quashed.
4. Again even on merits the case against Karimuddin should be quashed, because he is alleged to have committed the crime in collusion with public servants namely, Mian Bahadur Shah and Qamaruddin. The applicant is not a public servant. So far as the two public servants are concerned, they have already been acquitted for want of statutory sanction for prosecution. Under these circumstances there is no justification for keeping the case pending against the third accused i.e, Karimuddin applicant. The allegation against him is that he had demanded and accepted Rs,18,000 as illegal gratification from several persons to be paid to the co-accused Mian Bahadur Shah and Qamaruddin, who have been acquitted. Since the public servants have been acquitted, there remains no justification to continue the prosecution against the private applicant.
The application is, therefore, allowed and the proceedings pending against the applicant before the Special Judge, Anti-Corruption (Provincial) are quashed.