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Phone No. 055-9200074.

From:
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
To
The Circle Officer,
ACE, Narowal.
No.____________
Dated_____________
Subject: - I.
FIR NO.196/14, DATED 07.06.14, U/S 409 PPC, PS
CITY,
NAROWAL.
II.
BAIL APPLICATION TITLED ABDUL REHMAN ETC VS
THE
STATE.
The bail application titled in the subject was fixed for hearing for
today i.e. 01.09.2015. The record was produced by Zulfiqar Ali C/ACE,
Narowal. During the perusal of record, an enquiry conducted by Additional
District Collector, Narowal regarding the missing file of suit titled Talib
Hussain VS Mohammad Bibi, the subject matter of the instant case was
found on record which reveals that the missing file was never
misappropriated / missed and was found available in the Judicial Mohafiz
Khana Narowal, which was transferred / shifted alongwith other record i.e.
Judicial Files in the year 2012. It is worth mentioning here that the Inquiry
Officer recommended that the Circle Officer ACE be asked to drop the inquiry
proceedings against the accused.
In the consequence of the above mentioned inquiry, DCO
Narowal intimated Worthy District & sessions Judge, Narowal about the
factual position of the case and there is another letter is available on record
from Mr. Sajawal Khan. Learned Civil Judge 1 st Class, Zafarwal to Worthy
District & Sessions Judge, Gujranwala intimating about the availability and
receipt of missing file attested copy of the missing file has also been found
available on the record. The perusal of record further reveals that application
of bail petitioners Abdul Rehman and Abdul Manan dated 15.05.2015 is
present on record in which copies of inquiry proceedings and relevant
correspondence is mentioned and attached too.
Despite availability of above record on file, the Circle Office ACE,
Narowal after receiving the file on 27.03.2015 started efforts to arrest the
accused on the simple reason that Judicial action against the accused was
approved. He failed to take notice of the important aspect of the matter
present on record and kept on efforts for the arrest of the accused up till
now.
When a material piece of evidence regarding guilt / innocence of
the accused is available on record, then it cannot be brushed aside merely
on the point of technicalities. The Circle Office must have brought the
noticeable turn in the case in the knowledge of competent authority for the
just disposal of case which can save the precious resources / the time of the
investigating Agencies and the Learned Trial Court.
In the above scenario it is suggested that the case file be sent to
the competent authority to review the matter in the light of documents
pertaining to the case on record.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Director, ACE Region Gujranwala.

Phone No. 055-9200074.


From:
The Deputy District Public Prosecutor,
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
No.____________

Dated_____________

Subject: - DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF


REPORT U/S 173 CR.P.C IN CASE FIR NO.646/09 DATED
23.10.2009 U/S 409 PPC, 155-C POLICE ORDER, 2002 PS
AROOP, GUJRANWALA.
Respected Sir,
The subject case was registered on the complaint of Liaqat Ali
who alleged therein that he got registered FIR No.168/08 u/s 457/380 PPC PS
Aroop regarding theft of his buffaloes and accused ASI Mohammad Siddique
Gujjar was the I.O of that case. During Investigation, the accused ASI
recovered his buffaloes but instead of handing over to him, he usurped the
said buffaloes on the pretext of temporary superdari. After completion of
investigation the report u/s 173 Cr.P.C was produced before the undersigned
for scrutiny.
2.
During scrutiny glaring discrepancies and shortcomings in the
investigation were noticed vide objection memo for the purpose of
rectification / explanation attached herewith for your kind perusal and further
orders please. Amongst other objections, the worst aspect is the conduct of
the investigating Officer which is depicted in Para No.6 of the objection
memo. It reflects that the I.O not only caused undue and unjust inordinate
delay for more than five years in the preparation and submission of the
report u/s 173 Cr.P.C but also ignored the directions of the competent
authority while preparing the challan. The authority had disagreed with the
conclusion of investigation in which the I.O had recommended cancellation of
the case in complete disregard of the evidence available on record.
3.
The challan file alongwith Police file with objection memo by the
undersigned is submitted herewith for kind perusal and necessary action
regarding explanation / rectification of the defects as well as appropriate
punitive action against the delinquent investigating officer in accordance
with law for defective / faulty investigation and causing inordinate delay in
the preparation and submission of report u/s 173 Cr.P.C.
Hoping prompt action under intimation to this office.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.
(MOHAMMAD AMJAD HUSSAIN
SINDHU)

Deputy District Public Prosecutor


Anti-Corruption Court, Gujranwala.
Phone No. 055-9200074.
From:
The Deputy District Public Prosecutor,
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
No.____________

Dated_____________

Subject: - DELAYED
SUBMISSION
OF
CHALLAN
AND
NONRECTIFICATION OF DEFECTS IN THE INVESTIGATION IN
CASE FIR NO.32/12 DATED 02.05.2012, U/S 420/468,
409/109 PPC, 5(2)47 PCA, PS ACE GUJRANWALA.
Respected Sir,
It is submitted that challan in the subject case was submitted in
this office for checking which was returned to the CO/ACE, Gujranwala for the
purpose of rectification of defects vide objection memo dated 12.10.2013.
(Copy enclosed)
2.
The said challan has again been submitted before the
undersigned without any rectification / explanation after a lapse of about 2
years which speaks volumes about indifferent, careless and lethargic attitude
of the concerned officers.
3.
The matter is being brought to your kind notice for taking
effective and material steps to ensure improvement in timely submission of
reports u/s 173 Cr.P.C after rectification of defects in the investigation
pointed out by this office as wel as suitable action against delinquents
responsible for delay.
Hoping prompt action under intimation to this office.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

Phone No. 055-9200074.


From:
The Deputy District Public Prosecutor,
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
No.____________

Dated_____________

Subject: - DELAYED
SUBMISSION
OF
CHALLAN
AND
NONRECTIFICATION OF DEFECTS IN THE INVESTIGATION IN
CASE FIR NO.30/12 DATED 01.05.2012, U/S 420/468,
409/109, 166 PPC, 5(2)47 PCA, PS ACE GUJRANWALA.
Respected Sir,
It is submitted that the challan prepared on 13.07.2013 was
submitted in this office for the purpose of scrutiny on 18.12.2014 which was
returned to the CO/ACE, Gujranwala for rectification of defects pointed out in
the investigation. (Copy enclosed)
2.
It is a matter of grave concern that the said challan was
resubmitted in this office on 21.08.2015 after a lapse of about 8 months and
that too without complete rectification / explanation. The conduct of the
concerned CO calls for stern action against him under intimation to this
office.
3.
The matter is being brought to your kind notice for taking
effective and material steps to ensure improvement in timely submission of
reports u/s 173 Cr.P.C after rectification of defects in the investigation
pointed out by this office. The object of this exercise envisaged under the
law, is to enhance and maintain effective and successful conduct of
prosecutorial functions in the trial court.
Hoping prompt action under intimation to this office.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

Phone No. 055-9200074.


From:
The Deputy District Public Prosecutor,
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
No.____________

Dated_____________

Subject: - DELAYED
SUBMISSION
OF
CHALLAN
AND
NONRECTIFICATION OF DEFECTS IN THE INVESTIGATION IN
CASE FIR NO.76/12 DATED 29.11.2012, U/S 161 PPC,
5(2)47 PCA, PS ACE GUJRANWALA.
Respected Sir,
It is submitted that the challan prepared on 04.07.2013 was
submitted in this office for scrutiny on 12.10.2014 which was returned to the
CO/ACE, Gujranwala for the purpose of rectification of defects pointed out in
the investigation. (Copy enclosed)
2.
It is a matter of grave concern that the said challan was
resubmitted in this office on 21.08.2015 without any rectification and putting
explanation about the objections raised by this office. The case file kept lying
unnoticed for about two years with the CO/ACE, Gujranwala which reflects a
bad show of performance of official duties on his part. The conduct of the
concerned CO calls for stern action against him under intimation to this
office.
3.
The matter is being brought to your kind notice for taking
effective and material steps to ensure improvement in timely submission of
reports u/s 173 Cr.P.C after rectification of defects in the investigation
pointed out by this office. The object of this exercise envisaged under the law
is to enhance and maintain effective and successful conduct of prosecutorial
functions in the trial court.
Hoping prompt action under intimation to this office.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

Phone No. 055-9200074.


From:
The Deputy District Public Prosecutor,
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
No.____________
Dated_____________
Subject: -

DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF


CHALLAN IN CASE FIR NO.51/2011 DATED 29.10.2011, U/S
420/468/471/409-PPC, PS ACE, GUJRANWALA.

Respected Sir,
It is submitted that complainant Mohammad Aslam Chowkidar, RHC,
Ghakkhar got registered the subject case against Mukhtar Ahmad Accountant for
commission of misappropriation of his salaries. The challan prepared on 13.08.13
has been submitted in this office after a lapse of about two years for scrutiny during
which certain objections are pointed out vide objection memo dated 18.08.15.Copy
of objection memo is attached herewith for kind perusal and further necessary
action for early rectification in order to submit the same before the learned trial
court for judicial verdict as it had already been delayed too much.
2.
The perusal of case file reveals that the matter pertains to accounts
which require documentary evidence but during investigation the I.O failed to
collect even an iota of documentary evidence in support of allegations made in the
complaint. Neither the concerned staffs, Drawing and Disbursing Officer, bank
authorities, concerned dealing hand in District Account Office have been joined in
the investigation nor the relevant record has been collected and brought on the file
according the procedure. The I.O passed away the whole period of physical remand
of the accused in a mechanical way and failed to arrange cross- talks between the
accused and the complainant alongwith concerned officers/officials even for a single
occasion to bring forth real facts of the case. No serious and fruitful effort is on
record for the recovery of relevant record or amount embezzled from the accused.
3.
The submission of challan in its present condition against the accused
for trial is just wastage of time which is returned to the Circle Officer for proper
rectification of defects within the shortest possible time. The matter is brought to
your kind notice to ensure proper and timely rectification of defects and submission
of challan before the learned trial court without further delay. The delinquent officer
responsible for defective investigation and causing inordinate delay in the
submission of challan is liable to be dealt in accordance with the rules and
procedure under intimation to this office. The object of this exercise, envisaged
under the law, is to enhance and maintain effective and successful conduct of
prosecutorial functions in the trial court which is possible only when the
investigating agencies perform their duties in an effective and efficient manner
realizing their responsibilities.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

From:
The Deputy District Public Prosecutor,
Anti-Corruption Court, Gujranwala
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
Subject: -

No.____________
Dated_____________
DELAYED SUBMISSION OF CHALLAN IN CASE FIR NO.29/2012
DATED 18.04.2012 U/S 161.PPC 5/2/47 PCA, PS ACE,
GUJRANWALA.

Respected Sir,
According to the brief facts of the case cited in the subject,
complainant Manzoor Ahmad, a police constable dismissed from service and serving
as security guard at General Bus Stand General, alleged that accused Mst. Shagufta
Sharif, a government school teacher, demanded and received Rs.52300/-from him
on the pretext of getting him re-instated in service through her personal intimation
with one Mohammad Aslam allegedly Secretary, Chief Minister, Punjab, Lahore. The
challan prepared on 05.09.2013 is submitted in this office for scrutiny on
22.08.2015 after a lapse of about two years. During scrutiny certain objections were
pointed out by the undersigned vide memo attached herewith in original for your
kind perusal and requisite action accordingly.
2.
Amongst other objections, it is observed that vide letter from worthy
Director General, ACE, Punjab Lahore bearing No.650/09 dated 01.01.2014, the
instant challan was stated to be submitted in the trial court whereas the said task
has not been accomplished uptill now. The careless and negligent attitude needs
serious curative steps for the treatment and overhauling of the Establishment which
itself is meant for fighting against a wide spread fatal disease of corruption in the
society.
3.
The file of the subject case has revolved from the initial to the highest
forum in the ACE, but it is observed with sorrow that no heed is paid at any forum
towards the application of proper sections of law according to the facts and
conclusion of investigation. It is suggested that if application of proper section of
law are clarified at the time of proposal and approval of ROC and J/A, then this
controversy can be avoided as observed by the undersigned in a number of cases at
the stage of scrutiny.
4.
As mentioned in Para No.5 of the objection memo, there is no attempt
on record to trace and join one Mohammad Aslam in the investigation on whose
behalf the lady accused deceived the complainant and received the amount from
him. During cross-talks between the parties as observed at page No.14 of the police
file, it came on record that they met the said person at Lahore in his office but the
investigating officer failed to evaluate and investigate this material aspect of the
case vital for the just decision of the case which depicts inefficiency, negligence and
misconduct on his part calling for appropriate punitive action against him under
intimation to this office.
5.
The objection memo in original alongwith case file(police file & challan
file) are submitted herewith for your kind perusal and further necessary action for
rectification of defects and finalization of investigation in a proper and just manner
at the earliest under intimation to this office.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala

Phone No. 055-9200074.


From:
The Deputy District Public Prosecutor,
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
No.____________
Subject: -

Dated_____________

DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF


REPORT U/S 173 CR.P.C IN CASE FIR NO.316/11 DATED
21.06.2011 U/S 409 PPC, PS SADAR, SHAKAR GARH.

Respected Sir,
The subject case was registered on the complaint of Assistant
Commissioner, Shakar Garh against Patwari Inayat Ali Kashif for misappropriation of
official record. The challan prepared on 12.08.2013 has been submitted in this office
for scrutiny after a lapse of about two years. During scrutiny of the challan certain
objections were pointed out in the investigation vide recovery memo dated
09.09.2015 copy of which is enclosed herewith for your kind perusal and necessary
action please following are the worth mentioning points for your kind perusal and
keen notice:
i.
As per circumstances leading to the registration of the subject
case, the accused Patwari did not hand over the charge to his
successor on whose report, the proceedings of lock-breaking
took place which was recorded in black and white. The I.O has
totally ignored this aspect and did not bother to bring that
proceedings on the challan file according to the procedure
despite its presence on police file. How can a fact be proved
when it is not part of challan file and not presented before the
court in accordance with law.
ii.
According to the investigation proceedings all the missing record
has been produced by present Patwari Faiz Ahmad which is
taken into possession by the CO/ACE, Narowal vide recovery
memos but in his case diary No.30 dated 05.08.2013, he has
mentioned that accused has got recovered the missing record
and he would be sent to judicial lock-up. What a material
contradiction fatal for the prosecution case? Moreover the record
taken into possession by CO has also not been found on the file
which needs explanation.
2.
In the light of lacunae mentioned above, the submission of challan
against the accused before the trial court in its present position is just a futile
exercise and wastage of time. The investigation is completely silent that from where
and how the missing record came on the surface.
3.
The matter is brought to your kind notice for taking material steps for
the rectification of defects in the investigation and appropriate punitive action
against the delinquent Circle Officer, the conduct of defective investigation and
keeping the challan pending after its completion for a period of about two years,
under intimation to this office.

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Worthy Prosecutor General, Punjab, Lahore.
2. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
(MOHAMMAD AMJAD HUSSAIN SINDHU)

Deputy District Public Prosecutor


Anti-Corruption Court, Gujranwala.
From:
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
Subject: -

No.____________
Dated_____________
DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF
CHALLAN IN CASE FIR NO.10/12 DATED 09.03.2012, U/S
420/468, 471 PPC, 5(2)47 PCA, PS ACE NAROWAL.

Respected Sir,
The subject case was registered on the complainant of Nasar Ullah
Khan who alleged therein that accused Shoukat Ali in collusion with his co-accused
Patwari Ansar Mehmood got entered his name in the relevant record of Khasra
Girdawari through tempering. During Investigation accused were found involved in
the commission of offense and challan was prepared against them after approval of
judicial action. The challan prepared on 10.06.2012 has been submitted in this
office now for scrutiny after a lapse of more than three years. During Scrutiny
glaring discrepancies and short coming were observed by this office vide objection
memo dated 09.09.2015 (Copy enclosed). Amongst other objections, the following
are worth mentioning for your kind perusal and keen notice to ponder upon the
ways and means to ensure improvement in the prevailing atmosphere in the AntiCorruption Establishment:
i.
There is a recovery memo present on file vide which the relevant revenue
record presented by Patwari Rizwan Tanveer has been stated to be taken
into possession. The said recovery memo is without date, not signed by
the Patwari who presented the record, the statements of witnesses of
recovery proceedings u/s 161 Cr.P.C are without dates and above all there
is not a single case diary in the police file even to show the joining the
said Patwari in the investigation, What is the value of this recovery memo
in the eyes of law and can it be proved in the trial court? The Answer is
certainly negative.
ii.
It has been repeatedly mentioned during the inquiry and investigation
proceedings that tempering is proved but where is the evidence, the
whole file is silent. No attempt on record to get expert opinion from PFSA,
Lahore regarding tempering. No comparison of handwriting and signatures
of the accused Patwari. How can it be said that tempering is proved?
iii.
Keeping the challan pending after its compilation for more than three
years and the mode and means of conducting investigation by the Circle
Office, Narowal speaks volume about his efficiency, interest and sense of
responsibility towards the performance of his official duties.
2.
The matter is brought to your kind notice for appropriate action against
delinquent officer and effective measure to ensure timely submission of challan in
this case for its submission before the learned trial court.
Hoping prompt action under intimation to this office.

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

From:
The Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.

Subject: -

No.____________
Dated_____________
DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF
CHALLAN IN CASE FIR NO.39/12 DATED 19.05.2012, U/S 161
PPC, 5(2)47 PCA, PS ACE GUJRANWALA.

Respected Sir,
According to the brief facts of the case titled in the subject,
complainant Mazhar Saeed alleged that accused Mukhtar Ahmad, accountant in the
office of District Officer (Health), has embezzled millions of rupees in the Health
Department. The challan of the case prepared on 07.08.2013 was submitted in this
office for scrutiny on 18.08.2015 after a lapse of two years. During scrutiny glaring
deficiencies and defects came to surface vide objection memo dated 18.08.2015
copy of which is enclosed for your kind perusal and necessary orders for early and
proper rectification of defects.
2.
As per Para No.1 to 3 of the objection memo, it needs clarification that
on which application and on the basis of which inquiry, the subject FIR was
registered. Moreover, original application of the complainant is not found available
on record which must be attached with the challan as photo copy is not admissible
as evidence in the court of law.
3.
It is pointed out in the Para Nop.5 of the said memo that the reliance
has been made on the inquiry reports but the basic subject matter of the inquiries
have not been brought on record properly. During a trial of the case, each and every
aspect of the case has to be established through reliable evidence but the I.O failed
to realize this important aspect of the case.
4.
In the above scenario, it is requested that adequate disciplinary action
against the delinquent officer responsible for faulty / defective investigation and
causing inordinate delay of about two years in the submission challan may be
initiated and necessary directions be issued for the rectification of defects in an
effective manner without causing further loss of time in the interest of justice.
Hoping prompt action under intimation to this office.

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

From:
The Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment,
Gujranwala Region, Gujranwala.
No.____________
Dated_____________
Subject:

DELAYED SUBMISSION OF CHALLAN IN FIR NO. 393/09 DATED


11.07.2009 U/S-420/468/471-PPC, 5/2/47 PCA PS TATLAY AALI,
GUJRANWALA.

Respected Sir,
According to the brief facts of the case cited in the subject,
complainant Mst. Shamim Aara alleged that in connection with transport business
accused Asmat Ullah etc issued her bogus cheques and in connivance with Halqa
Parwari delivered her fake Fards. The investigation was transferred to the AntiCorruption Establishment, and entrusted to CO/ACE, Gujranwala on 30.07.2009. The
incomplete challan prepared on 22.02.2013 was submitted in this office for scrutiny
on 29.08.2015 after a lapse of about two years and six months during which certain
observations were made vide objection memo for the purpose of
rectification/explanation. (Copy enclosed). Amongst other objections pointed out in
the investigation following are worth mentioning for your keen notice:i.
The jurisdiction of Anti-Corruption Establishment and the AntiCorruption Court depends upon the involvement of public servant and in this case
despite a lapse of about six years, this issue is yet to resolve whether Patwari
Zulfiqar Ali is involved in this case or not. The samples of signatures of accused
Patwari named above sent to FSL, Lahore for expert opinion were received back with
objections from the said laboratory and found still lying unattended on the file
whereas, the concerned Circle Officer while preparing the challan in this case, has
written that the complete challan would be submitted after receipt of expert
opinion. In other words, no complete challan and no ascertainment of the role of
accused Patwari causing further loss of time and resources apparently in a futile
exercise.
ii.
It is pity to observe that no serious effort to understand and
resolve the objections of FSL, Lahore is on record. The objection was simply to send
the routine writing and signature of the accused Patwari on the papers of
contemporary period which could be rectified just by obtaining few rapts from
Roznamcha Waqiati of contemporary period. The negligence on the part of
delinquents calls for punitive action by the competent authority under intimation to
this office.
iii.
The most serious and noticeable aspect of this episode is the
commission of fraud and forgery by the CO/ACE Gujranwala himself calling for
enquiry and the action under the ACE, rules against him. As per record, in CD No. 44
dated 09-02-2010 written by Shahid Mehmood CO/ACE, Gujranwala, it was
mentioned by him that incomplete challan was going to be submitted in the court
for trial but the said challan was prepared vide C.D No. 45 dated 22.02.2012 after a
lapse of about one year and six months. After preparation of the said challan, it has
been submitted in this office on 29.08.2015 after a lapse of about 3.5 years and yet
that the needful i.e., its submission before the learned trial court, is hard to visualize
in the near future. It has been observed with grave concern that dates written as
22.02.2012 in C.D No. 45 and under the Detail of Documents given in the report
u/s 173 Cr.P.C have been tempered as 22.02.2013 which is evident from the fact
that the date mentioned at the end of column Brief fact in the said challan is still
22.02.2012. This aspect of forgery can also be ascertained from the Register No. 21
of the police station pertaining to this case as relevant Road certificate is not
present with the file which appears to be removed with malafide intention.
2.
It is painful to observe that generally an indifferent, non-professional
and lethargic attitude towards the performance of official duties is prevailing
amongst the officers/officials of the Anti-Corruption Establishment which is
astonishingly quite contrary to the demanding vigour and enthusiasm required for a
Special Force only meant for fighting against the menace of corruption rampant in

the society. The object of pinpointing the above mentioned conduct / behavior is just
an attempt by the undersigned to inculcate the required spirit in the force and
requested to be viewed in this positive perspective. The successful prosecution
during the trial and adequate conviction of the real culprits by the trial court can
definitely create an objective stir in the society but it heavily depends on the
responsible and efficient role of the investigating agencies.
Hoping prompt and effective action to ensure improvement in timely
submission of reports u/s 173 Cr.P.C after rectification of defects pointed out by this
office as well as required action against the delinquent officer under intimation to
this office
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General, Punjab, Lahore.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

Phone No. 055-9200074.


From:
The Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment
Gujranwala Region, Gujranwala.
No.____________
Dated_____________
Subject: -

DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF


CHALLAN IN CASE FIR NO. 12/14 DATED 04.02.2014 U/S
161PPC, 5/2/47 PCA PS, ACE GUJRANWALA.

Respected Sir,
The subject case was registered on the complaint of Sher Ali who
alleged therein that accused Muhammad Zafar Virk, Ex-Assistant in Food
Department, received Rs. 1395000/- from him on the pretext of getting
employments of 12-persons in different departments. The challan of the case
prepared on 28.02.2015 has been submitted in this office for scrutiny after a delay
of about six months. During scrutiny certain observations were made vide objection
memo dated 28.08.2015 copy of which is enclosed herewith for your kind perusal
and ensure steps for early rectification of defects and resubmission of challan for its
presentation before the learned trial court.
2.
Amongst other objections, it has been observed that Section 161 PPC has
been applied in this case whereas the accused himself is not the appointing
authority. Moreover, no evidence has been collected during investigation that on
whose behalf he received this huge amount. It is further worth mentioning that
complainant Sher Ali and one Muhammad Akram, whose cheque amounting Rs.
1400000/- in the name of accused was allegedly delivered to the complainant in lieu
of money received by him, are shown as witnesses on an Iqrar Nama attached
with the challan at pages Nos.17&18. This aspect of the case has not been thrashed
out during investigation by the I.O while a direction by the Honble Lahore High
court, Lahore to trace out the said Muhammad Akram has also been found on the
police file but no fruitful compliance has been visualized yet which requires
compliance or some explanation by the I.O in this regard.
3.
In this backdrop, it is requested to direct the Circle Officer, ACE,
Gujranwala for rectification/explanation of the objections raised by this office as
early as possible for submission of challan in the trial court for its judicial verdict.

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General Punjab, Lahore

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

From:
The Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment
Gujranwala Region, Gujranwala.
No.____________
Dated_____________
Subject: -

DEFECTIVE INVESTIGATION AND DELAYED SUBMISSION OF


CHALLAN IN CASE FIR NO. 96/12 DATED 16.10.2012 U/S 161
PPC, 5/2/47 PCA PS, ACE GUJRANWALA.

Respected Sir,
According to the brief facts of the case cited in the subject, accused
Ansar Bashir, a Forest Guard, demanded and received Rs 54,000/ from the
complainant Mohammad Saleem on the pretext of clearance of medical test of his
friend. The challan of the case prepared on 12.08.2013 has been submitted in this
office for scrutiny after a delay of about two years calling for adequate punitive
action against the delinquent responsible for such a long delay under intimation to
this office. During scrutiny certain glaring deficiencies and shortcomings were
observed vide objection memo copy of which is enclosed herewith for your kind
perusal and further necessary action please. However, following are the aspects of
the case worth mentioning for your kind and keen notice please.
iThe investigating officer prepared challan on 12-08-2013 while accused
Ansar Bashir was on ad-interim bail and next date of hearing was 29-082013.What happened after 12-08-2013,the file is silent completely uptill
now.
iiNo attempt is on the card for the arrest of co-accused Mohammad Hanif
against whom J/A has been approved but neither the complainant in his
application and PWs in their statements u/s 1661 Cr.P.C deposed against
him nor there is any other cogent evidence against him. On what ground
J/A against accused Mohammad Hanif was approved needs clarification
and corroboration from evidence, if any.
iiiWhen there is no mention of name of friend of the complainant, nature of
medical clearance and place from where such clearance was sought then
how the prosecution case could be proved during trial in the court of law.
ivSec-161-PPC is not attracted in this case as medical clearance does not
fall within the ambit of duties of a forest guard from any angle. What are
the proper sections of law applicable to this case or even this case comes
under the jurisdiction of ACE requires clarification.
2
The matter is being brought into your kind notice for taking effective and
cogent steps to ensure improvement in timely submission of report u/s 173 G.PC
after rectification/explanation of defects in the investigation pointed out by this
office. This will certainly increase the standard of investigation resulting in
efficient and effective prosecution of the case in the learned trial court.
Hoping prompt action under intimation to this office.
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General Punjab, Lahore
(MOHAMMAD AMJAD HUSSAIN SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

From:
The Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
To
The Director,
Anti-Corruption Establishment
Gujranwala Region, Gujranwala.
No.____________
Dated_____________
Subject: -

DELAYED SUBMISSION OF CHALLAN AND NON RECTIFICATION


OF DEFECTS IN CASE FIR NO. 51/11 DATED 18.11.2011 U/S
420/468, 471 PPC, PS CIVIL LINES GUJRANWALA.

Respected Sir,
As per FIR of the subject case, complainant Nadeem Ahmad Butt
alleged that accused Mohammad Akram alias kalu, his co-accused Mst. Zahida Bibi,
Mst. Zakia Bibi, both wives of accused Mohammad Akram alias kalu and Mohammad
Sabir son of Mohammad Akram alias kalu in connivance with their co-accused
Zulfiqar Ahmad Patwari deprived him of his valuable amount of Rs. 12,00,000/ on
the pretext of handing him over two shops owned by his wives. The incomplete
challan of the case prepared on 19.11.13 was submitted in this office on 09.07.14
which was returned back to the CO/ACE, Gujranwala for rectification of defects.
2
Its is a matter of grave concern that the said challan was re-submitted
in this office on 31.08.15 after a lapse of about one year and that too without any
rectification of defects which depicts complete negligence and ignorance of CO/ACE,
Gujranwala towards the performance of his official duties calling for suitable action
against him under intimation to his office.
3
Furthermore, it has been observed that there is sufficient incriminating
evidence on record against Mohammad Akram alias kalu, Mst. Zahida Bibi, Mst.
Zakia Bibi and Mohammad Sabir but J/A has only been approved against Mohammad
Zulfiqar Patwari which needs clarification for proper presentation and prosecution of
the case in the learned trial court.
4
It is, therefore, requested that the case file be summoned from the
CO/ACE, Gujranwala to whom the same has been returned for rectification of
defects at the earliest for doing the needful as the case has already been delayed
too much.

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
No. & Date Even.
Copy is forwarded for information and necessary action to:
1. The Honourable Special Judge, Anti-Corruption Gujranwala Division,
Gujranwala.
2. The Worthy Prosecutor General Punjab, Lahore

(MOHAMMAD AMJAD HUSSAIN SINDHU)


Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

Phone No. 055-9200074.


From:
The Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.
To
The Honourable Prosecutor General,
Punjab, Lahore.
(Attention Mr. Jamil-Ud-Din, learned Law Officer)
No.___________
Dated_____________
Subject: - MONTHLY DIARIES OF THE ANTI-CORRUPTION
COURT, GUJRANWALA FROM THE MONTH OF
JANUARY 2015 TO AUGUST 2015.
Respected Sir,
Kindly refer to the telephonic message received from
your good office pertaining to the subject cited above.
2.

The requisite monthly diaries w.e.f January 2015 to

August 2015 are enclosed herewith for your kind perusal and further
order please.

(MOHAMMAD AMJAD HUSSAIN


SINDHU)
Deputy District Public Prosecutor
Anti-Corruption Court, Gujranwala.

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