| Citation(s) |
|---|
| 2023 SLG 1190 2023 SLD 1190 2023 PLJ 265 |
Supreme Court of Pakistan
C.P. 3127 of 2020, decided on 12.1.2023. (Against the order of Lahore High Court, Lahore Dated 06.10.2020, passed in Writ Petition No. 10492/2016) Date of hearing: 12.1.2023.
SYED MANSOOR ALI SHAH, JAMAL KHAN MANDOKHAIL AND MRS. AYESHA A. MALIK, JJ.
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C.P. 3127 of 2020, decided on 12.1.2023. (Against the order of Lahore High Court, Lahore Dated 06.10.2020, passed in Writ Petition No. 10492/2016) Date of hearing: 12.1.2023.
SYED MANSOOR ALI SHAH, JAMAL KHAN MANDOKHAIL AND MRS. AYESHA A. MALIK, JJ.
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Qazi NAVEEDULISLAM
VS
DISTRICT JUDGE, GUJRAT, etc.--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 476
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 476--Power conferred by Section 476 Cr.P.C on a Civil, Revenue or Criminal Court--The Trial Court, by its order had dismissed application of petitioner--The revision Court had dismissed his revision petition--The power conferred by Section 476 Cr.P.C on a Civil, Revenue or Criminal Court to take cognizance of certain offences committed in, or in relation to, any proceedings before it, is discretionary as evidence from expression--Process u/S. 476 is not abused by an unscrupulous litigant scheming to wreak private vengeance or satisfy a private grudge against a person, as has been done by petitioner in present case--The present petition is completely frivolous and vexatious and process of Court has been abused just to pressurize other side and to settle a personal score--Costs encourage alternative dispute resolution; settlements between parties; and reduces unnecessary burden off Courts; so that they can attend to genuine claims--The petitioner has repeatedly abused Courts to advance a personal grudge by repeatedly filing vexatious and frivolous claims in various Courts, not only wasting precious time of these Courts but also causing anguish and pain to other party that unnecessary, unfair and prolonged litigation brings--Dismiss present petition with costs. [Pp. 266, 268, 269 270] A, B, C, D, E, F, G, H ORDER Syed Mansoor Ali Shah, J.--The petitioner seeks leave to appeal against an order of the Lahore High Court, dated 06.10.2020 (“impugned order”), whereby the High Court has dismissed his writ petition filed against the orders of the trial Court and revisional Court, dated 14.12.2015 and 20.02.2016 respectively. The trial Court, by its order dated 14.12.2015, had dismissed the application of the petitioner filed under Section 476 of the Code of Criminal Procedure 1898 (“Cr.P.C.”) against Respondents No. 3 to 5 and by its order dated 20.02.2016, the revisional Court had dismissed his revision petition filed against that order of the trial Court. All three Courts below have thus decided…
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