Case Details

Citation(s)
2025 SLG 4861 2025 SLD 4861 = 2025 LHC 5989
Lahore High Court
Crl.Misc.No.53550-B/2025, Crl.Misc.No.42305-B/2025
PRESENT; (Muhammad Amjad Rafiq) JUDGE.
30.09.2025 S. M. Zeeshan Mirza, Advocate with petitioners. Mr. Muhammad Asif Ashraf, Deputy Prosecutor General with Murtaza Sub-Inspector. Hafiz Rehman Aziz, Advocate for the complainant.

Mirza Yahya Baig

VS

The State, etc., Mirza Tahir Baig vs The State, etc.

Law: Pakistan Penal Code (PPC),1860

Section: 420, 468, 471

Law: Code of Criminal Procedure (CrPC), 1898

Section:

Key Allegation

  • Complainant Mirza Mazhar Baig, an overseas Pakistani in Canada, owned 9 acres of land leased to petitioner Mirza Yahya Baig.
  • In 2024, Yahya refused to return the land.
  • He allegedly produced a forged, ante-dated agreement to sell (09.05.2017), witnessed by co-petitioner Mirza Tahir Baig, and used it to get a civil injunction.
  • Complainant’s passport showed he was in Canada on the date of alleged execution.

Grounds Raised for Bail

By petitioners

FIR lodged through attorney is illegal.
Cases cited:

  • 2024 CLC 1170
  • 2017 P.Cr.L.J 1104
  • PLD 2011 Lahore 179
  • Matter is civil in nature, already pending before civil court; criminal proceedings cannot proceed.

Opposition

  • FIR is legal; attorney can lodge FIR.
  • PFSA report confirms forgery.
  • Civil & criminal proceedings can run simultaneously.

Court’s Findings

1. Civil proceedings do not bar criminal action

  • Well-settled principle: civil and criminal proceedings can go side by side unless criminal proceedings are stayed.
  • Second objection dismissed at the outset.

2. FIR through attorney is legally valid

Statutory basis

  • Section 154 Cr.P.C. – Only requires “information” of a cognizable offence; no requirement that complainant must be personally present.
  • Police Rules 1934 (Form 24.5(1)) – recognizes both “informant” and “complainant”.
  • Section 44 & 45 Cr.P.C. – general public is bound to report certain offences, showing that any person may give information.
  • QSO 1984, Article 71 (Third Proviso) – allows deposition through attorney in certain situations.
  • Sections 205 & 540A Cr.P.C. – permit appearance through pleader/attorney in criminal matters.

Power of Attorney Principles

  • Powers of Attorney Act, 1882 (s.2) – acts done by attorney bind the principal.
  • Contract Act, 1872 (ss. 182, 188) – agent may do every lawful act necessary to discharge assigned authority.

Case Law Supporting Attorney-Lodged FIR

  • 2020 P.Cr.L.J 742 – any person can set criminal law in motion.
  • 2011 P.Cr.L.J 774 (SHC) – FIR by attorney valid.
  • 2011 YLR 1567 – attorney can move Cr.P.C. applications.

Indian cases allowing complaints by attorneys:

  • Vinita S. Rao (2015 SC)
  • Shankar Finance (2009 SC)
  • Jasbir Singh (Delhi HC)

Conclusion

  • The objection that FIR cannot be lodged through attorney is frivolous and untenable.

3. PFSA Report Confirms Forgery

  • PFSA forensic opinion:

Questioned signatures are non-genuine and produced by manipulative technique such as tracing.

  • This directly supports charges under sections 420, 468, 471 PPC.

4. No Mala Fide / No Case for Pre-Arrest Bail

Principles for Pre-Arrest Bail

  • Extraordinary relief (Sections 497/498 Cr.P.C.).

Granted only when:

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