The facts giving rise to this petition for quashment of proceedings in a case under section 161, P.P.C.
And section 5(2) of the Prevention of Corruption Act, 1947, briefly are that Sharafat Hussain, Registration Clerk, was working as Registration Clerk in Tehsil Office Narowal. He allegedly demanded illegal gratification, so a raid was conducted on, him on 31-12-1974 and two currency notes of Rs.50 each were recovered from a wooden box lying in the office. He was arrested and tried by Special Judge, Anti-Corruption, Lahore. On 29-10-1977, he was convicted and sentenced to one year's R.I. And a fine of Rs.1,000 or in default thereof 6 months' R.I. On appeal, the case was remanded back to the trial Court vide order dated 1-7-1985 of this Court. Although about 6 years have passed, yet the trial Court has not decided the case, hence this petition for quashment under section 561-A, Cr.P.C.
2. Learned counsel for the petitioner submitted that the offence was allegedly committed in the year.1974 and about 17 years have passed, yet the trial has not concluded without any fault of the petitioner and that the complainant Muhammad Sharif does not want to pursue the case and Raja Muhammad Ayub, Member of the Raiding Party has died. Learned counsel for the State has opposed this petition.
3. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioner. I find that the occurrence took place in the year 1974 that 17 years have passed, yet the trial has not concluded; that the petitioner cannot be blamed for this delay in the decision of the case; that Raja Muhammad Ayub, Inspector, the member of the Raiding Party has died and cannot be examined after the remand of the case and that Muhammad Sharif complainant has sworn affidavit to the effect that he does not want to pursue the case any further. For these reasons, I feel that the proceedings against the petitioner in the Court of Special Judge, Anti-Corruption, Lahore amount to an abuse of the process of Court, so the same arc quashed.