' This criminal revision is directed against the order, dated 7-10-2000 passed by the learned' Special Judge, Anti-Corruption, Faisalabad whereby he had returned to the petitioner the private complaint under sections 420/468/471/318, P.P.0 . And section 5 of the Prevention of Corruption Act, 1947 with the direction for presentation before the proper forum.
2. The brief facts are that the petitioner Nailed a private complaint against Muhammad Saeed Ahmad, Deputy Director, F.D.A. And four others. After recording the statement of the petitioner/complainant, the learned Special Judge sent the complaint to the learned Magistrate 1st Class for inquiry, under section 202, Cr.P.C. On the receipt of the report, the learned. Special Judge, passed the impugned order on 7-10-2000. Vide the said order he agreed with the inquiry report that the allegations against respondents Nos.1 to 4 were not proved on record. But concerning respondent No,5 (a private person) he observed that the said Court did not possess requisite jurisdiction to proceed against him and thus ordered, therefore, the complaint is returned under Order VII, rule 10, C.P.C. To be presented before proper forum.
3. Arguments have been heard.. It is very surprising that the learned Special Judge Anti-Corruption, Faisalabad has passed an order under Order VII, rule 10, C.P.C. In a criminal matter and has particularly referred to the provisions of Order VII, rule 10, C.P.C. In that respect. The concept of return of complaint is unknown to criminal law and procedure. The provisions of Civil Procedure Code cannot be applied in a criminal matter. Probably the learned Special Judge did not apply his mind to the fact that he was dealing with a criminal matter and not with a civil suit. The order dated 7-10-2000 is clearly erroneous and suffers from a material irregularity and as such the same cannot be sustained and is liable to be set aside.
4. In this view of the matter, the revision petition is accept and the impugned order, dated 7-10- 2000 is set aside and the learned Special Judge, Anti-Corruption, Faisalabad is directed to rehear the arguments on the inquiry' report and to pass a fresh order keeping in view the provisions of sections 203 and 204 of the Code of Criminal Procedure.
Revision .