| Citation(s) |
|---|
| 2026 SLD 3107 |
W.P. NO. 2799 of 2025
Presented By: (MUHAMMAD AZAM KHAN) JUDGE
Petitioners by : M/s Shah Khawar, Rahmat Ullah and Malik Zeeshan, Advocates for Petitioner.
Respondents by : Mian Asif Aman, Advocate for
Respondent No. 2. Mr. M. Umer, State Counsel. Mr. M. Ishaq, Inspector, P.S. I-9, Islamabad. Date of hearing : 09.10.2025
SAAD SOHAIL
VS
IFTIKHAR ALI AND OTHERS
Law: Constitution of Pakistan 1973
Section: 199
Law: Code of Criminal Procedure, 1898
Section: 22-A, 22-B, 154
Tagline
Section 22-A Cr.P.C. cannot be invoked to convert a bona fide civil dispute over ownership and possession into a criminal case; where the dispute is essentially civil and a civil suit is pending, refusal to direct registration of an FIR is justified.
Summary
The petitioner challenged the order of the learned Justice of Peace dismissing his application under Sections 22-A & 22-B Cr.P.C. for registration of an FIR. He alleged that the respondents fraudulently transferred ownership of his Honda Civic through forged documents and impersonation via a fake video call.
The Islamabad High Court observed that the real controversy related to ownership and possession of the vehicle, and a civil suit regarding the same vehicle was already pending before the Senior Civil Judge, Peshawar. The Court held that criminal proceedings cannot be used as a means to exert pressure in disputes that are essentially civil in nature.