Law: Constitution of Pakistan, 1973

Section: 199

Law: Specific Relief Act, 1877

Section: 39

Constitution of Pakistan, 1973-- ----Art. 199--Specific Relief Act, 1877, S. 39--Suit for cancellation of deed--Distribution of property between legal heirs--Entries were made in revenue record--Application for initiation of criminal proceedings before Anti-corruption department--Institution of inquiry--Challenge to--That it is settled law that both proceedings civil and criminal can move side by side and there is no bar on jurisdiction of investigation agencies to investigate criminal offence in presence of civil litigation--It is settled law that constitutional Court has no jurisdiction whatsoever to take role of Investigation Agency and to quash FIR in its constitutional jurisdiction except in certain exceptional circumstances which inter-alia includes lack of jurisdiction of Investigation Agency--Criminal Court has so far not taken cognizance of matter and present matter at inquiry and investigation stage--We are not inclined to interfere in investigation of competent authority i.e. Anti-Corruption Establishment Swat--Petition was dismissed. PLD 1968 SC 281, 2018 PCr.LJ 392, PLD 1971 SC 677, 1994 SCMR 2142, 2008 SCMR 76, ref. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.- Through the instant writ petition, the petitioners seek constitutional jurisdiction of this Court, wherein they have set the following prayer for adjudication of this Court:-- "It is therefore, humbly prayed that by accepting the instant writ petition:-- 1. Order/letter No. 5-A No. 214 Co-ACE Swat dated 01.08.2018 issued by Respondent No. 1 be declared as illegal, unconstitutional and uncalled for and Respondents No. 1 to 3 be restrained from taking or demanding original registry deed No. 104 attested on 26.03.2018 from the petitioners. 2. The three separate inquiries initiated by Respondents No. 1, 4, 5 & 7 qua genuineness of the registered deed No. 104, which is subject-matter of civil litigation pending adjudication, may kindly be suspended/stayed till the final decision of the civil suit and they may be restrained from any kind of interference in this respect. 3. Any other relief, though not been specifically prayed for and for which the petitioners are otherwise entitled under…

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