Case Details

Citation(s)
2021 SLG 2218 2021 SLD 2218 2021 PLJ 187
Supreme Court of Pakistan
C.P. No. 69-Q of 2015, decided on 9.9.2020, Date of hearing: 9.9.2020. (Against the judgment dated 04.02.2015 passed by the High Court of Balochistan in C.P. No. 631/2014)
MUSHIR ALAM, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
MR. ABDUS SALEEM ANSARI, ASC AND MR. MANZOOR AHMED REHMANI, ASC FOR PETITIONER. NEMO FOR RESPONDENT.

JAMAL KHAN

VS

SECRETARY HOME DEPARTMENT

Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 22-A 22-B--Civil dispute--Forged document and fraud--Contest over a piece of land with rival claimants--According to petitioner, the instrument is fake as he never thumb marked any such agreement and, thus, the respondents were liable to be prosecuted for forgery and fraud--Prima facie the dispute inter se the parties was of civil nature--Report submitted by police does not support petitioner’s claim and there is consensus that both sides are locked in a dispute of civil nature--Petition fails, Leave declined. ORDER Qazi Muhammad Amin Ahmed, J.- Jamal Khan, petitioner, is in contest over a piece of land with rival claimants; they relied upon an arbitration agreement, purportedly executed way back on 2.2.2000; according to him, the instrument is fake as he never thumb marked any such agreement and, thus, the respondents were liable to be prosecuted for forgery and fraud. After his failure with the local police, the petitioner approached a Justice of Peace albeit with no better fate; a learned Division Bench of the High Court of Balochistan declined to issue a direction for registration a criminal case on the ground that prima facie the dispute inter se the parties was of civil nature as both sides were asserting their…
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