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Petition for Special Leave to Appeal No. 223 of 1971, decided on 25th November 1971.

(On appeal from the judgment and order of the Lahore High Court, dated the 12th July 1971, in Criminal Miscellaneous No. 362/Q of 1971).

Criminal Procedure Code (V of 1898),

S. 561‑A‑Quashment of proceedings on ground of long delay‑Delay due to non‑avail ability of record for several years‑High Court, held, perfectly justified in not quashing proceedings‑Petition for special leave to appeal dismissed.

M. Arif, Advocate Supreme Court instructed by Ejaz Ahrnad Khan, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing : 25th November 1971

This petition is directed against the order of the Lahore High Court in Criminal Miscellaneous No. 362/Q of 1971. By this order, a learned Single Judge has dismissed the application for quashment of the proceedings.

There are 9 cases pending against the petitioner under section 409, P. P. C. before the learned Special Judge, Anti Corruption, Rawalpindi. The case of the petitioner is that the learned Special Judge concluded the prosecution and defence evidence but finding that the sanction has not been obtained, discharged the petitioner of his bail bond by order dated the 31st January 1962, under section 249, Cr. P. C. Two days later, the prosecution was able to produce the sanction. Thereupon, the learned Special Judge proceeded only with one case and convicted the petitioner on the 31st March 1962. The petitioner's appeal, in the High Court, was dismissed in May 1967. His application for special leave to appeal before this Court was also dismissed. Thereafter the remaining cases came up before the learned Special Judge for hearing in April 1971, and he has started proceedings in all the remaining 8 cases. The petitioner moved an application for quashment of the proceedings on the ground of long delay. A learned Single Judge of the High Court dismissed the application on the ground that delay per se even if it is without any fault on the part of accused person, is no ground for quashing the proceedings. Reliance was placed on the decisions of this Court in the cases of M. S. Khawaja v. The State (PLD1965SC287) and Ghulam Muhammad v. Muzamal Khan and others (PLO1967SC317). The petitioner seeks permission to file an appeal against the said order.

After hearing the learned counsel for the petitioner we are satisfied that the delay in this case was due to the fact that the record was not available for several years. This is a good explanation. In these circumstances, the High Court was perfectly justified in not quashing the proceedings. There is no ground to interfere. The petition is dismissed.

Petition dismissed

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