MUHAMMAD NASEEM, J.- On the basis of registration of crime case No. 70 dated 28.10.1992 at Anti- Corruption Establishment Multan under Sections 409/420/467/468/471 and 109 PPC and under section 5 of the Prevention of Corruption Act, 1947 the investigation was conducted by the competent police. The challan for the prosecution of Rao Muhammad Jamil Khan petitioner- accused along-with his co-accused has been submitted before the learned Special Judge Anti- Corruption Multan. The trial was to be commenced. However, this petitioner filed this petition for the quashment of alleged illegal prosecution/proceedings against him pending in. The aforesaid learned trial Court.
2, It has been narrated in the petition under disposal that the petitioner was working as the Chief Officer Municipal Corporation, Multan. Tameer-e-Watan Programme was started and the defalcation in the budget was found. The averment of the petitioner is that he had no concern with the expenditure of the budget as the budget was awarded to the Member Provincial Assembly who utilised the same after preparation of the schemes which were carried out by the Engineering Branch of the Multan Corporation. He added that he had to work as Liaison Officer and the criminal liability could riot be placed upon his shoulders along with his co- accused. This petition has been resisted by the State.
3. I have heard the learned counsel for the petitioner as well as the learned State counsel and gone through the file before me. The preliminary objection raised by the learned counsel for the State is that the efficacious remedy as provided under Section 249-A Cr.P.C, is available to the petitioner- accused and that the extraordinary remedy under Section 561-A Cr.P.C, cannot be availed by the petitioner forthwith. The answer made by the learned counsel for the petitioner to the aforesaid objection is that the matter was initiated at the direction of Multan Bench of the Lahore High Court and thus it is an exceptional circumstance to further process with this petition directly before this Court. I am, however, of the view that the objection raised by the learned counsel for the State must prevail. Even if the FIR was got registered at the directions of the Lahore High Court. Multan Bench.
Multan the mandatory provisions mentioned under section 249-A Cr.P.C, can neither be ignored nor violated. In the writ jurisdiction the First Information Report is registered at the directions of the High Court burt the procedure has to take its course anti no exceptional treatment can be granted to any criminal case in this regard. The case law is not bereft(lacking) to the effect that when the alternative remedy is available to an accused under section 249-A Cr.P.C, resort cannot be had to the provisions of Section 561-A Cr.P.C. Ruling published as Khushi Muhammad and 4 others Versus.
The State (1979 SCM R 94) is referred in this respect. I have toy express my view that in the judicial hierarchy the petition to obtain the proposed relief has to be first of all moved before and disposed of by court of the lowest grade who in the instant case is none else than the learned Special Judge Anti- Corruption, Multan. The trial Court has to apply his mind to the aspects of the matter agitated in this quashment petition in the first instance if the application u/s 249-A Cr.P.C- is moved and decide whether the petitioner is entitled to be acquitted in terms of Section 249-A Cr.P.C. The wisdom behind is that on the announcement of the final order the aggrieved party is not deprived of the assistance of the next Appellate/Revisional Court. The objection raised by the learned counsel for the State is sustained and 1 hold that in view of the. Admitted position that the petitioner has not moved the trial court under Section 249-A Cr.P.C, this quashment petition under Section 561-A Cr.P.C, need not be further processed with which is not maintainable.
4. For what has been said above. I dismiss this petition in the aforesaid terms. The petitioner can proceed in accordance with law under Section 249-A Cr.P.C, before the learned Special Judge Anti-Corruption. Multan if advised thereof and desired by him.
5. Now the Special Judge Anti-Corruption. Multan can start the trial of the case.