Law: Criminal Procedure Code (V of 1898)

Section: 200

Law: Criminal Procedure Code (V of 1898)

Section: 200

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 200---Constitution of Pakistan, Art. 185(3)---Dispute regarding property---Civil proceedings, initiation of--- Stay of criminal proceedings---Scope---Where both parties had filed suits regarding disputed property, and the same were pending, the criminal court would obviously stay its hands in entering upon the dispute, as deciding the dispute with regard to properties squarely fell within the domain of the civil court---Petition for leave to appeal was dismissed accordingly. ORDER GULZAR AHMED, J.---The petitioner through this Criminal Petition has impugned the order dated 3-2-2014 passed by learned Judge in the Chamber, by which Criminal Acquittal Appeal filed by the petitioner was dismissed. 2. Learned counsel for the petitioner has contended that petitioner's evidence in the trial Court was recorded, which has directly implicated the private respondents in commission of the crime alleged F.I.R. No.387/2010 dated 7-12-2010 under sections 392/406/468/471/109/34, P.P.C. at Police Station Jamshed Town, Karachi. He has contended that the petitioner was not allowed to lead further evidence and the trial Court in haste passed the order under section 265-K, Cr.P.C. acquitting the private respondents. He further contended that no opportunity of hearing was provided to the petitioner by the trial Court. 3. We have considered the submissions of learned counsel and have gone through the record. 4. In the first place we may note that in the impugned order of the trial Court dated 8-12-2012 the presence of Syed Amjad Ali Shah, Advocate from the complainant's side is clearly mentioned and we also note that in the memo of Criminal Acquittal Appeal no ground has been urged by the petitioner that opportunity of hearing was not given by the trial Court to the petitioner. Even on reading of impugned order does not show that such a grievance was raised before the High Court. 5. As regards the petitioner being not allowed to lead further evidence, it may be noted that the petitioner has been provided ample opportunity by the trial Court to produce his witnesses but not on a single date petitioner produced his witnesses nor they…

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