MUHAMMAD AFZAL KHAN versus THE STATE AND 12 OTHERS
Pakistan Penal Code Section 409/34 Anti-Corruption Act (III of 1947), Section 5 (2), filed a direct complaint against the accused for misappropriating the funds of the cooperative housing society for misuse. Special Judge Anti Corruption dismissed. It has been alleged that under the inquiries a criminal violation of the trust of the nominated candidates of the Funds and Registrar Co-operative Societies has been committed but no complaint has been filed by the Registrar. There is no provision in the Cooperative Society Act. Which is not punished for breach of trust or any other crime. No prior permission of the Registrar was required for the institution of such prosecution. The Special Judge's view that the complaint was not permanent, was held, there was no hearing, and the order to dismiss the complaint was set aside and the trial judge was dismissed. Was remanded to decide a question on whether to continue the merit. He was a government employee at the time of the complaint in view of the High Court's observations on the process.
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