ALLAH DITTA versus ADDITIONAL DIRECTOR, ANTI CORRUPTION ESTABLISHMENT
Section 5 (2) of the Complaints Regulation (XLV of 1860), section 161 constitution of Pakistan (1973), Article 199 constitutional petition was filed on the basis of a complaint stopping the prosecution of the accused, which was questioned by the Circle Officer. However, the accused, an innocent assistant director, Legal, did not agree with the report and recommended registration of a case against the accused, as he illegally accepted $ 16,000 in connection with the investigation. Do not show that the accused was involved in the investigation of the said case anyway, despite six years, the challan was not filed against the accused on the ground that the accused was not available. Since the accused belonged to a law enforcement agency, he was in charge of his duties until he retired from his job. The department could not be granted judicial permission to proceed against the accused, who was involved in the case on the basis of a complaint lodged two years after the alleged incident. The accused has been under investigation / inquiry for more than seven years. The challan was not presented to the court for a long time and yet, pending proceedings against the accused were canceled in the circumstances in which the constitutional petition was accepted.
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