Law: Penal Code (XLV of 1860)

Section: 420/468/471

Law: Criminal Procedure Code (V of 1898)

Section: 195(1),199

Law: Constitution of Pakistan, 1973

Section: 199

Penal Code (XLV of 1860)---.--- ---.---Ss. 420/468/471---.---Criminal Procedure Code (V of 1898), Ss.195(1)(c) & 199---.---Constitution of Pakistan (1973), Art.199---.---Cheating, forgery and using as genuine a forged document---.---Quashing of F. I. R. ---.---Intra-Court Appeal---.---Appellant had sought setting aside of impugned order of the High Court whereby his constitutional petition filed by him for quashing of F.I. R. was dismissed by the High Court---.---In the present case, alleged forged and bogus sale-deed was prepared much prior to filing of civil suit by the appellant---.---Said forged sale-deed came into the notice of the complainant when he applied for issuance of Fard---.---Revenue Authority who probed into the matter, found that the sale-deed was false one; in such situation; as the said document was not prepared during the proceedings in the civil suit, S.195(1)(c), Cr.P.C. was not applicable at all---.---Civil and the criminal proceedings could be initiated side by side and courts could not stifle one proceeding for the other---.---High Court had ample power to quash the F.I.R. at any stage, but when challan of the case was submitted in the court, then other remedies were available to the party for redressal of its grievance---.---High Court then could not quash the matter and the parties would be directed to avail other remedies available to them---.---When there was a factual controversy, it should be left upon the Trial Court to resolve the same---.---No illegality or perversity was found in the impugned order of the Single Judge of the High Court to interfere---.---Intra-Court Appeal against said order was dismissed. Miraj Khan v. Gul Ahmed and 3 others 2000 SCMR 122; Rehmat Ali and others v. Station House Officer and others PLD 2004 Lah. 65; Arif Rafiq v. The State 1992 PCr.LJ 679; Agha Nadeem and others v. Province of Punjab and others 2005 MLD 1366; Muhammad Ishaque Khan v. S.H.O. 2005 MLD 1816; Seema Fareed and others v. The State and another 2008 SCMR 839; Rafique Bibi v. Muhammad and others 2006 SCMR 512; Malik Khuda Bakhsh v. The State 1995 SCMR 1631 and Col. Shah Sadiq v. Muhammad Ashiq and others 2006 SCMR 276 ref. THIS…

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