Case Details

Citation(s)
2011 SLG 1190 2011 SLD 1190 2011 YLR 1401
Lahore High Court
Writ Petition No. 5659 of 2010, decision Dated: 29-04-2010.
SHAHID HAMEED DAR, JUSTICE
Petitioner(s) by: Zafar Iqbal Bhatti
Respondent(s) by: Aftab Rahim Butt and Shahid Hussain No.3.

ALLAH DITTA

VS

STATION HOUSE OFFICER, POLICE STATION SATTO KATLA, LAHORE AND 6 OTHERS

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Law: Criminal Procedure Code (V of 1898)

Section: 476

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)--- ----Ss. 420, 468 & 471---Constitution of Pakistan, Art. 199---Constitutional petition---Cheating, forgery, using as genuine a forged document---Quashing of F.I.R.---F.I.R. had alleged that accused and his co-accused forged the agreement to sell and for that purpose not only committed the offence of forgery, but also used the forged document as genuine---Mode of the occurrence detailed in the F.I.R., required investigation into the allegations, which was the exclusive domain of the Police---Proceedings of a civil suit and that of the criminal case could continue in parallel to each other under the law---Constitutional petition was dismissed. THIS ORDER PASSED BY: SHAHID HAMEED DAR, J.--- Through this Constitutional petition under Art. 199 of the Constitution, of Islamic Republic of Pakistan, 1973, the petitioner seeks quashment of F.I.R. No. 171 of 2010, dated 11-2-2010, for offences under sections 420, 468, 471, registered at Police Station Satto Katla, District Lahore on the complaint of one Waris Ali. 2. Learned counsel for the petitioner contends that the allegations contained in the F.I.R. are absolutely false and the petitioner and his co-accused have not committed any offence as alleged in the F.I.R.; that the petitioner and his co-accused have not committed any forgery nor have defrauded Waris Ali complainant/respondent No. 3; that a civil litigation is pending between the parties prior to lodgment of the impugned F.I.R. regarding the alleged forged agreement to sell dated 10-1-2009; that in existence of civil suit, the complainant was barred under the law to get the impugned F.I.R. lodged as enunciated under section 476, Cr.P.C. that under the garb of the…
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