| Citation(s) |
|---|
| 1999 SLG 4000 1999 SLD 4000 = 1999 PCRLJ 61 |
Criminal Miscellaneous Quashment Petition No.5 of 1998, decided on 19th May, 1998.
Before Sardar Muhammad Raza Khan, J
Gohar Zaman Khan Kundi for Petitioners. Abdur Rashid Khan for
Respondent No. 1. Malik Hamesh Gul for the State. Date of hearing: 19th May, 1998
MIR KAWAZ KHAN and 2 others---Petitioners
VERSUS
DILNAWAZ KHAN and 2 others---Respondents
Law: Penal Code (XLV of 1860)
Section: 193,195
Law: Civil Procedure Code (V of 1908)
Section: 476, 561-A
Penal Code (XLV of 1860)---
----S. 193/195---Criminal Procedure Code (V of 1898), Ss.476 & 561-A-- Quashing of proceedings---Trial (in civil suit) being still pending, proceedings under S.476, Cr.P.C. could not be taken unless the document in dispute was declared to be forged or fictitious by the Civil Court---If the Trial Court, while holding the proceedings under S.476, Cr.P.C. at such stage found the said document to be forged or fictitious, same Court trying civil suit would not be in a position to hold otherwise while giving final judgment in the original civil suit, which would not only cause harassment to one of the parties but would rather put the Trial Court (Civil) to a material embarrassment---Proceedings proposed to be taken under S.476, Cr.P.C. were, therefore, not quashed, but were directed to be kept pending till the final judgment of the Civil Court.