| Citation(s) |
|---|
| 2021 SLG 2634 2021 SLD 2634 2021 SCMR 1486 |
Supreme Court of Pakistan
Civil Appeal No. 572-L of 2009, decided on 23rd July, 2021, Date of hearing: 23rd July, 2021. (On appeal against the judgment dated 12.05.2004 passed by the Lahore High Court, Lahore in Writ Petition No. 5158 of 2004)
IJAZ-UL-AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Ashtar Ausaf Ali, Senior Advocate Supreme Court for Appellant. Syed Muhammad Shah, Advocate Supreme Court for
Respondent No. 2. Zafar Hussain Ahmed, Advocate Supreme Court for the State.
Civil Appeal No. 572-L of 2009, decided on 23rd July, 2021, Date of hearing: 23rd July, 2021. (On appeal against the judgment dated 12.05.2004 passed by the Lahore High Court, Lahore in Writ Petition No. 5158 of 2004)
IJAZ-UL-AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Ashtar Ausaf Ali, Senior Advocate Supreme Court for Appellant. Syed Muhammad Shah, Advocate Supreme Court for
Respondent No. 2. Zafar Hussain Ahmed, Advocate Supreme Court for the State.
DR. SIKANDAR ALI MOHI UD DIN
VS
STATION HOUSE OFFICER AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 154
Law: Constitution of Pakistan, 1973
Section: 199
Law: Penal Code (XLV of 1860)
Section: 420,468,471
(a) Criminal Procedure Code (V of 1898)--- ----S. 154---Constitution of Pakistan, Art. 199---Penal Code (XLV of 1860), Ss. 420, 468 471---Quashing of FIR in constitutional jurisdiction of High Court---Propriety---Preparation of forged and fabricated fard malkiat by Halqa Patwari (accused)---Held, that fard malkiat was found to be forged and fabricated during the course of an inquiry conducted by EDO(R) on the application of the appellant---Apart from that as the matter was of criminal nature, the same could not be closed down (by the High Court)with a stroke of pen on the ground that civil litigation was pending adjudication between the parties coupled with the finding in a police investigation---Crime report was lodged on the application of the appellant when the document in question was found forged and the same was based upon legal foundation---Judgment passed by the Single Bench of the High Court quashing the FIR in question was not sustainable, hence it was set aside---Consequently the trial court was directed to proceed with the matter and decide the same within a period of three months---Appeal was allowed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---Concurrent civil and criminal proceedings---Scope---Criminal as well as civil proceedings could continue side by side if the same were spelled out on the basis of a cogent foundation. (c) Criminal Procedure Code (V of 1898)--- ----S. 154---Constitution of Pakistan, Art. 199---Quashing of FIR in constitutional jurisdiction of High Court---Propriety---Prima facie, if an offence had been committed, ordinary course of trial before the (Trial) Court should not be allowed to be defeated by resorting to (quashing of FIR in) constitutional jurisdiction of High Court. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- The appellant while invoking Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has called in question the judgment of learned High Court dated 12.05.2004 passed in Constitutional Petition bearing No.5158 of 2004. 2. Brief facts of the matter are that the appellant was owner in possession of the land measuring 7-Kanals 3-Marlas bearing Khasra No.1004, situated…
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