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1990 SCMR 207

MUHAMMAD DIN vs MRs, Z. A. MALIK and others

Citation1990 SCMR 207
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 356 of 1988
Date1989-06-11
Judge(s)Ghulam Mujaddid Mirza, Dr. Javed Iqbal
ResultPetition dismissed

ORDER

1. ' JAVID IQBAL, J.--This petition for leave to appeal is directed against the order of the Lahore High Court, Lahore dated 1st. November, 1988 whereby petition for special leave to appeal of the petitioner was dismissed.

2. ' Briefly the facts are that the petitioner had filed a complaint under section 409/419/420/468/471 of the Pakistan Penal Code read with section 5(2) of the Prevention of Corruption Act 1947 in the Court of the Special Judge Anti-Corruption, Lahore against the respondents. The trial Court dismissed the complaint. Thereupon the petitioner filed a petition for special leave to appeal before the Lahore High Court, Lahore challenging the order of the trial Court, but as stated above it was dismissed.

3. Hence the present petition for leave to appeal. The petitioner did not succeed in either of the Courts because he could not establish any of the allegations levelled by him as against the respondents.

4. ' It was contended by learned counsel before us that the petitioner should have been allowed to produce further evidence and that if the petitioner had been so permitted by the trial Court he could have established his case. But this arguments was raised before both the Courts and was rejected for numerous reasons e.g. That he was not in possession of any letter of appointment showing that he was an employee of the school of which respondent No,1 was Headmistress, he could not produce any document that he ever worked as a peon in the said school, he could not show anything from which it could be inferred that he received his salary from the school funds and that even he had no service book to produce. Consequently it had been rightly held that even if he had been according to him, permitted to produce the entire evidence, that would have not served any purpose.

5. ' Since this is the position no interference is called for. The petition is accordingly dismissed.

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