Law: Penal Code (XLV of 1860)

Section: 420,468,471,34

Law: Specific Relief Act, 1877

Section: 56(e)

(a) Penal Code (XLV of 1860)--- ----Ss. 420, 468, 471 & 34---Specific Relief Act (I of 1877), S. 56(e)---Fraud, forgery, preparation of forged documents---Bar on civil court to stay criminal proceedings---FIR was registered against accused for fraud, forgery and preparation of forged documents---Accused moved application for stay of proceedings on ground that civil litigation on the subject was pending---Said application was dismissed by Trial Court as well as lower appellate court---Validity---Court dealing with civil suit was barred from staying proceedings in any criminal matter in view of embargo put by S. 56(e) of Specific Relief Act, 1877---Civil suit and criminal case both had to be decision date: individual merits and evidence recorded in one of them could not be used in other nor in civil suit would be binding in criminal case. Malik Khuda Bakhsh v. The State 1995 SCMR 1621; Rafique Bibi v. Muhammad Sharif and others 2006 SCMR 512 and Seema Fareed and others v. The State and another 2008 SCMR 839 rel. (b) Specific Relief Act (I of 1877)--- ----S. 56(e)---Injunction---Scope---Court dealing with civil suit was barred from staying proceedings in any criminal matter. THIS JUDGMENT DELIVERED BY: MUHAMMAD HUMAYON KHAN, JUSTICE:---.--- This is a Criminal Misc. Application under section 561-A read with section 439, Cr.P.C. against the Order dated 08-02-2016 passed by the learned VIIth Additional District Judge, Karachi-East, in Criminal Revision No. 61 of 2015, whereby Order dated 27.10.2015 of the learned XIV Civil Judge and Judicial Magistrate, Karachi-East, was upheld. 2. I am sorry to say that neither the facts in detail have been pleaded in the main petition nor required necessary documents have been filed. However, the relevant facts of the case as pleaded in the main petition and appeared from the case file are that a written application from SHO office vide No. 340/LC, dated 10.06.2011 was received at PS New Town, Karach, wherein, fraud, forgery and preparation of forged doucments were alleged and consequently FIR No. 232/2011 under sections 420/468/471/34, P.P.C. of Police Station, New Town, Karachi was lodged and finally Criminal Case No. 3068 of…

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