Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B,145

Constitution of Pakistan, 1973---.--- ---.---Art. 199---.---Criminal Procedure Code, (V of 1898), Ss. 22-A, 22-B, & 145---.---Constitutional petition---.---Registration of case---.---Fake stamp paper on behalf of deceased father was prepared and made efforts to dispossessed illegally from inherited property---.---Civil as well as criminal litigation was pending---.---Filing of private complaint can provide equal adequate remedy---.---Validity---.---Constitution it is not obligatory for High Court to issue writ in each case especially when adequate remedy in form of private complaint being available to petitioner---.---Petition was dismissed. 2005 SCMR 951, PLD 2010 SC 691 & 2014 MLD 1033, rel. THIS ORDER PASSED BY: HAFIZ SHAHID NADEEM KAHLOON, JUSTICE:---.--- Through this writ petition, the petitioner has assailed the legality of order dated 12.01.2015 passed by learned Ex-Officio Justice of Peace (Addl. Sessions Judge) Multan, whereby the application made by the petitioner under Sections 22-A 22-B, Cr.P.C. seeking direction for registration of a case against Respondent No. 3 was dismissed. 2. The petitioner made an application under Sections 22-A 22-B, Cr.P.C. seeking direction for the registration of case against Respondent No. 3 before Ex-officio Justice of Peace stating therein that on 05.08.2013 he received a cheque of Rs. 14,00,000/-from Respondent No. 3 as his share inherited by his father Maqbool Ahmad, who died on 20.09.2012 and Respondent No. 3 prepared a fake stamp paper on behalf of his dead father and making efforts to dispossess the petitioner illegally from a shop inherited to him by his father. In this regard, proceedings under Section 145, Cr.P.C. are also pending in the Court of Special Judicial Magistrate. The petitioner has also filed an application under Section 476, Cr.P.C. before the competent Court of law, which was dismissed. The learned Ex-Officio Justice of Peace after procuring the report from the police, dismissed the application of the petitioner on the ground that civil litigation is pending between the parties and petitioner submitted the said petition as counterblast to convert a civil dispute into a criminal case. The…

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