Law:

Section:

(a) Criminal Procedure Code (V of 1898)---Ss. 22-A, 22-B, 154 & 200---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Matter pending adjudication in a civil court---Availability of alternate remedy of private complaint---Effect---Applicant (petitioner) filed an application under Ss.22-A & 22-B, Cr.P.C., before Justice of Peace for direction for registration of criminal case alleging that accused persons (respondent) fraudulently prepared a gift deed from his maternal grandmother with an intention to deprive him and his mother from their inheritance, and further mortgaged said property with a bank---Justice of Peace dismissed said application--- Validity--- Matter qua inheritance of maternal grandmother of applicant was pending adjudication before a civil court, which would be decided on the basis of evidence to be adduced by the parties, and if the Trial Court came to the conclusion that any bogus document was prepared, the court was fully competent to order for registration of a case under S.195(1)(c), Cr.P.C.---Other co-sharers of the property in question had executed a deed surrendering their shares in favour of the accused persons, which deed had not been challenged by the applicant---Applicant was also equipped with the alternate remedy of filing a private complaint, therefore constitutional petition was not maintainable---Justice of Peace had rightly refused to issue direction for registration of a criminal case---Constitutional petition was dismissed accordingly. Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2006 SCMR 1192 and Aijaz Ali Noonari v. Station House Officer P.S. Hussainabad and another 2012 YLR 360 distinguished. (b) Constitution of Pakistan--- ----Art. 199--- Criminal Procedure Code (V of 1898), S. 200---Constitutional petition--- Maintainability--- Availability of alternate remedy of private complaint---Effect---Where petitioner was equipped with an alternate remedy of filing a private complaint, constitutional petition would not be maintainable. Rai Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2010 SC 691 rel. ORDER SHUJAAT ALI KHAN, J.---Through this petition under Article…

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