Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B,154,195,476

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B, 154, 195 & 476---Constitution of Pakistan, Art.199---Constitutional petition---Prosecution for certain offences relating to documents given in evidence---Concurrent civil and criminal proceedings---Principles---Complainant (petitioner) filed an application before Justice of Peace alleging that her accused-brother (respondent), with the connivance of a stamp vendor prepared a forged memorandum of gift on behalf of their deceased father and in this manner deprived her from her sharai share in legacy of her father---Justice of Peace declined to allow such application of the complainant---Contention of complainant was that commission of cognizable offence was made out against the accused, therefore, Justice of Peace was not justified in declining issuance of the direction to the Station House Officer (SHO)---Validity---Civil suit concerning partition of property was pending between the parties, and allegedly forged gift deed had been produced in the said suit---Allegedly fabricated memorandum of gift was under consideration of the civil court where its execution and other allied matters would be determined by the court after recording of evidence, therefore, it was not appropriate at present stage to set the criminal machinery into motion---Civil and criminal cases could proceed side by side but ultimately preference was to be given to civil matters to avoid conflict of s---Order of Justice of Peace did not call for any interference---Constitutional petition was dismissed, accordingly. Akhlaq Hussain Kiyani's case 2010 SCMR 1835 rel. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 154, 195 & 476---Prosecution for certain offences relating to documents given in evidence---Jurisdiction of court--Scope---Jurisdiction of the court under Ss.195 and 476, Cr.P.C., in relation to the proceedings being conducted before the court could only be invoked if illegal act was performed during the proceedings pending in the court, while for all other illegal acts performed, the matter was to be proceeded by making a statement under S.154, Cr.P.C. before the police. (c) Criminal Procedure Code (V of 1898)---…

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