MUHAMMAD TUFAIL versus THE STATE
Pakistan Penal Code Section 409/420/467/468/471/ 109 Corruption Prevention Act (11 of 1947), Section 5 Criminal Procedure Code (V9 1898), Section 439 Incomplete Orders run under Section 265K, Cr. The order to dismiss the accused's plea was challenged on the basis that he was a civil servant when the offense was committed in the absence of legal sanction by the competent authority after the re-appearance of the challan. The freshly accused was no longer a public servant and as no permission was required for his prosecution, the High Court said, relying on the Supreme Court verdict. SC 139 of the YLD 1965 had already dismissed the petition filed by petitioner Irshad Ali Qureshi for the petitioners.
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