' The present appeal under section 417(2-A) of the Criminal Procedure Code (Act V of 1898) is directed against an order, dated 13-6-2001 passed by Special Judge, Anti -Corruption (Provincial)
N.-W.F.P., Peshawar whereby respondents Nos.1 to 5 charged under sections 419/420/468/471/109, P.P.C. Read with section 5(2), Prevention of Corruption Act were acquitted under section 249-A, Cr.P.C.
2. Briefly stated the facts leading to the filing of this appeal are that Mst. Habib Ji daughter of Allah Dad Khan resident of village Kakul District Abbottabad owned considerable landed property around 170 Kanals of land in the vicinity of village Kakul. As she was unmarried, she used to reside with her brother Adam Khan. After the demise of Adam Khan, Mst. Habib Ji and Mst. Bibi Jan widow of' Adam Khan shifted to the house of Ansar Khan, brother of Mst. Bibi Jan. During her stay in the house of Ansar Khan Mst. Habib Ji transferred her entire property in favour of Haji Banaras Khan, Ansar Khan, his wife Mst. Rashida Begum and others on the basis of Mutations Nos.5577 to 5582, 5591, 5609 and 5613 attested on 27-3-1991.
3. Having come to know regarding attestation of the aforesaid mutations Suleman Khan (now dead) predecessor-in-interest of Rasool Khan and others, appellants herein, claiming prospecting legal heirs, of Mst. Habib Ji, submitted an application to Deputy Commissioner, Abbottabad, wherein he alleged that Mst. Habib Ji had not entered into any transaction with Haji Banaras Khan and others and that the mutations were the outcome of fraud perpetrated on Mst. Habib Ji an old lady of advance age and suffering from mental disorder. According to the applicant the entire drama was staged with sole purpose to deprive him of the legacy of Mst. Habib Ji. The application was marked to E.A.C. (Rev.), Abbottabad for inquiry. The latter conducted a detailed inquiry, recorded statements of witnesses from both the sides, obtained opinion of Medical Superintendent, Civil Hospital, Abbottabad regarding mental health of Mst. Habib Ji and came to the conclusion that no consideration of amount was involved and the transactions were fake and sham. The inquiry report is dated 28-5-1991. Ultimately, a case was registered against Haji Banaras Khan and others at Police Station A.C.E., Abbottabad vide F.I.R.No,9, dated 9-6-1991.
4. The learned Special Judge, Anti-Corruption, N.-W.F.P., Peshawar after framing charge against Haji Banaras Khan, Ansar Khan, Munawar Shah, Raja Iqbal Hussain and Rashida Begum, acquitted all the abovenamed persons under section 249-A, Cr.P.C. In the light of the statement of Mumtaz Zarin Khan (P.W.1) D.S.P. Circle, Abbottabad.
5. Sardar Nasir Aslam Khan, Advocate, appearing on behalf of the appellant has assailed the correctness of the impugned acquittal order on a variety of grounds and attempted to argue that sufficient material brought on record to connect the accused-respondents with the commission of the offence, has not been taken into account and put at shelf without any justifiable reason and solitary statement of P.W.1 has been given undue importance which has materially prejudiced the interest of the appellants. The learned counsel has further submitted that no notice of application under section 249-A, Cr.P.C. Was given to him and undue haste was shown in acquitting the accused-respondents.
6. I have heard the submission and arguments of learned counsel for the appellants at some length in the light of the material on record.
7. The judgment of acquittal is balanced and well-reasoned which hardly requires interference of this Court. The learned trial Judge after considering the matter from all angles has come to the conclusion and rightly so that there is no tangible evidence to believe that the aforesaid mutations were attested through deceitful and fraudulent means and that in this connection the officials of Revenue Department were tipped ... Mere allegations that wrong mutations were attested by the Revenue Officer, does not attract the penalty of sections 161/419/420/468, P.P.C. Read with section 5(2), Prevention of Corruption Act, such officials cannot be considered to be guilty of misdemeanour as public servant.... It is a pure case of simple nature to resolve controvertial points of title between the parties".
8. It is not denied that an application under section 249-A, Cr.P.C. Can be filed at any stage of the proceedings provided the requisite conditions are met and there is no illegality if the prosecution has not examined all the witnesses. The only requirements to be fulfilled are first, that hearing is to be given to the prosecutor and counsel for the accused and secondly, reasons are recorded in support of the conclusion that the charge is groundless and there is no probability of the accused being convicted. In the instant case the formalities of section 249-A, Cr.P.C. Had been complied with and no prejudice seems to have been caused to the petitioners. The mere fact that after framing of the charge, one witness was examined and in consequence thereof accused- respondents were acquitted in view of the application moved on behalf of the respondents under section 249-A, Cr.P.C., by itself, constitutes no valid ground to render the impugned judgment invalid.
9. For the aforesaid reasons finding no force in this appeal I dismiss the same in limine.