Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, (XLV of 1860), Ss. 420, 468 & 471--Quashing of FIR--Scope--Question of investigation--Held: It cannot be held in writ jurisdiction that the allegations levelled in the impugned FIR are totally false--Detailed investigation is required, a function which lies squarely within the domain of the police--High Court obviously cannot perform the role of investigator--FIR cannot be quashed simply on the ground that the civil litigation is pending adjudication between the parties--During the pendency of the civil suit on the basis of the document, which according to the complainant is a forged document, there is no bar against the registration of a criminal case--Investigation cannot be throttled at the initial stage. 2006 SCMR 276 & 2006 SCMR 1957, rel. PLD 1992 Lah. 178, reliance. Constitutional Petition-- ----Contention of the petitioner that after dismissal of complainants application for registration of case by the Ex-officio Justice of Peace, the police could not register the case, the same is found to be baseless--Petition was dismissed in limine. PLD 2007 SC 539, rel. THIS ORDER PASSED BY: HASNAT AHMAD KHAN, JUSTICE---.--- Ashiq Hussain, the petitioner, by submitting this constitutional petition, has prayed for the quashing of F.I.R No. 32/08, dated 4-2-2008, registered with P.S.Sadar, Narowal, in respect of the offences under sections 420/468 and 471, P.P.C. 2. The precise allegations levelled in the impugned F.I.R; lodged on the written application of Tanvir Akhtar widow of ShaukatAli are, that after the murder of her husband, her brother-in-law namely Ashiq Hussain, the petitioner, firstly got a forgedNikahnama prepared showing himself to be her husband, and, thereafter, got two stamp papers thumb marked by her on the pretext of getting the Booster of Telenor - erected in the complainant's land - shifted. She further alleged that after misusing the said stamp papers the petitioner prepared a forged agreement to sell purportedly executed by the complainant in favour of the petitioner. According to the complainant, the said fraud was committed by the petitioner with the active connivance…

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