Law:

Section:

Succession Act (XXXIX of 1925)--- ----Ss. 37, 337 & 383---Criminal Procedure Code (V of 1898), S.195(1)(b)---Succession certificate---Concealing of facts---Initiation of criminal proceedings---Petitioners and respondents were legal heirs of deceased---Respondents excluded petitioners from the list of legal heirs while seeking succession certificate from the court---Petitioners filed application before Trial Court to withdraw succession certificate as well as initiating criminal proceedings against respondents---Trial Court withdrew succession certificate but declined to initiate criminal proceedings---Validity---Procedure laid down under S.373 of Succession Act, 1925 was a summary procedure wherein evidence like a civil suit was not recorded---Court in case of grant of succession certificate, did not determine rights of parties---If any person wanted determination of rights then remedy lay for him in shape of suit under S.37 of Succession Act, 1925---If a person was aggrieved and dissatisfied by issuance of succession certificate he could prefer an appeal under S.383 of Succession Act, 1925---Trial Court only had the prerogative to lodge complaint against respondents in terms of provisions of S.195(1)(b), Cr.P.C. and same could not be pre-empted by anyone---Trial Court in view of summary proceedings which culminated into a succession certificate in favour of respondents had rightly declined to lodge a complaint against them in terms of provision of S.195(1)(b), Cr.P.C.---Lower Appellate Court rightly did not interfere in the complaint of petitioners---Constitutional petition was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL SHAKOOR KHAN, J.--- Through this single judgment, this Court shall dispose of W.P No.678-M/2016 and W.P No.679-M/2016 as both the petitions have arisen out of the same order and common question of law and facts involved therein. 2 The brief and essential facts leading for disposal of the instant writ petitions are that the private respondents had obtained a succession certificate from the Court of learned Senior Civil Judge/Aala Illaqa Qazi, Malakand at Batkhela vide order dated 27.03.2000 in respect of Bank account…

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