Law: Criminal Procedure Code (V of 1898)

Section: 476,195

Criminal Procedure Code (V of 1898)--- ----Ss. 476 195---Prosecution for certain offences relating to documents given in evidence---Procedure---Scope assails the dismissal of his application under S. 476, Cr.P.C. is a party in a suit for declaration and permanent injunction in relation to a house claims that the power of attorney filed on his behalf by another party in the suit is forged because he was in jail at the relevant time and did not sign it---Validity---Application under S. 476, Cr.P.C. was moved during pendency of suit for declaration and permanent injunction wherein he could contest the authenticity of the power of attorney in question by leading evidence---Trial Court might find the power of attorney to be genuine; to hold a parallel inquiry on the same question does not make sense, all the more so where the criminal prosecution would require proof beyond reasonable doubt---Insisting on prosecution in these circumstances is inexplicable---Safe assumption is that the Trial Court is the proper judge to evaluate the prospects of a successful prosecution for filing of forged documents before it as it would have the occasion to hear evidence by the party contesting the document---Judicial precedent respects its discretion and is averse to forcing it to decide otherwise---Instances could be there where a supervisory court may come to a different conclusion, but such instances can never arise before the trial is concluded or would be the ones where the forgery is so obvious as not requiring any investigation--- Constitutional petition is dismissed. 1997 MLD 2097; 1998 MLD 686; 1984 PCr.LJ 381; 1990 PCr.LJ 97; 1999 PCr.LJ 61; 2005 MLD 1103; 1970 SCMR 10; 1969 SCMR 37; 2004 SCMR 805 and 2003 YLR 249 rel. ORDER SARDAR EJAZ ISHAQ KHAN, JUSTICE:---.---This writ petition assails the order dated 08.09.2021 passed by the learned Additional District Judge, West-Islamabad, whereby he dismissed the petitioner’s application under section 476, Cr.P.C. 2. The petitioner is a party in a suit for declaration and permanent injunction in relation to a house in Islamabad. He claims that the power of attorney filed on his behalf by another party in the suit is forged because…

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