| Citation(s) |
|---|
| 1982 SLG 567 1982 SLD 567 1982 SCMR 988 |
Supreme Court of Pakistan
Criminal Appeal No. K-13 of 1976, decision dated: 24-08-1980.(On appeal from the judgment of the High Court of Sind dated 20-04-1976 in Criminal Miscellaneous Application No. 567 of 1976)
ANWARUL HAQ, C.J. SHAFIUR REHMAN AND FAKHRUDDIN G. EBRAHIM, JJ
Muhammad Nawaz, Advocate Supreme Court for Appellant. Abdul Sattar, Additional Advocate General with Noor Ahmad Noori, Advocate-on-Record for
Respondent No. 1. UsmaniGhani, Advocate Supreme Court with A. Aziz Dastgir, Advocate-on-Record for
Respondent N
Criminal Appeal No. K-13 of 1976, decision dated: 24-08-1980.(On appeal from the judgment of the High Court of Sind dated 20-04-1976 in Criminal Miscellaneous Application No. 567 of 1976)
ANWARUL HAQ, C.J. SHAFIUR REHMAN AND FAKHRUDDIN G. EBRAHIM, JJ
Muhammad Nawaz, Advocate Supreme Court for Appellant. Abdul Sattar, Additional Advocate General with Noor Ahmad Noori, Advocate-on-Record for
Respondent No. 1. UsmaniGhani, Advocate Supreme Court with A. Aziz Dastgir, Advocate-on-Record for
Respondent N
ABDUL HALEEM
VS
THB STATE AND OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)----S. 561-A read with Penal Code (XLV of 1860), Ss. 420 & 467- Quashment of proceedings-Dispute between parties over agricultural land-Civil litigation in respect of dispute pending-Criminal complaint instituted by appellant-Held, should remain stayed during pendency of civil litigation between parties on same subject-matter-Order of High Court quashing criminal proceedings modified accordingly. Ghulam Muhammad v. Muzammal Khan P L D 1967 S C 317 ; Muhammad Akbar v. State P L D 1968 S C 281 ; Muhammad Ahmad v. State 1972 S C M R 85 ; Dodo Khan v. Jalaluddin arid another P L D 1973 Kar.564 ; Manzoor Hussain and another v. Manzoor Hussain P L D 1974 Lah. 202 ; Ghulam Akbar v. Muhammad Ilyas P L D 1975 Kar. 231 and Muhammad Tufail v. The State and another 1979 S C M R 437 ref. ORDER ANWARUL HAQ, C. J.--This appeal by the leave of the Court, seeks to call in question an order made by a learned Judge of the High Court of Sind & Baluchistan at Karachi, dated the 20th of April, 1976, by which criminal proceedings initiated by the appellant Abdul Haleem against respondents Loung Khan and Ghulam Dastgir under sections 420 and 467 of the Pakistan Penal Code have been quashed. The appellant Abdul Haleem is an allottee of an area of agricultural land in Deb Tiga of District Dadu, and was apparently wanting to sell the same. Respondent No. 2 Loung Khan introduced himself to the appellant as a broker, who was in a position to find a purchaser for the appellant's land. The appellant executed a special power of attorney in favour if Loung Khan on the 19th of July, 1974, and then a similar document on the 1st of August, 1974. However, he cancelled the second document on the 13th of September, 1974 as he suspected that the respondents were in league to defraud him. The appellant sent a notice to Loung Khan in this behalf, and was surprised to learn from the latter's reply that the appellant had already executed a sale agreement on the 19th of July, 1974 in favour of Loung Khan. The appellant alleged that this was a forged document. On these allegations he filed a complaint against the two respondents in the Court of a Magistrate at…
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