Law:

Section:

(i) Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 420, 468, 471--P.C.A., 47 & 5(2)--Quashment of FIR--According to the report of Forensic Science Laboratory the questioned writings were found similar to the specimen writings of the accused-Patwari--Competent authority had approved judicial action against both accused, however challan was not submitted due to pendency of instant writ petition--Civil litigation between parties had no relevance to the allegations of fraud and forgery--Queashment refused. [Pp. 501 & 502] A, B & D (ii) Administration of Justice-- ----Held: During a transaction if a criminal liability is spelt out, there is no bar under the law to continue both proceedings i.e. Civil & Criminal side by side, as they relate to different laws. [P. 501] C 2006 SCMR 512; 1994 SCMR 2142; PLD 1971 SC 677 & 2006 SCMR 276, ref. Judgment Through this petition, the petitioner seeks quashment of case FIR No. 6 dated 22.6.2004 for offences u/S. 471, 420 & 468 PPC and u/S. 5(2), 47 of A.C.E registered at Police Station Anti-Corruption Establishment, Mianwali. 2. The brief facts of the case are that a complaint was filed by Sher Khan complainant with the Anti-Corruption Establishment against the petitioner and his co-accused Maqbool Anwar Patwari who as per allegation mentioned therein, purchased land land in Mauza Tola Managli, Tehsil Eisa Khel, District Mianwali, vide Mutation No. 434 dated 19.8.1996 from one Muhammad Anwar pertaining to Khewat Nos. 387, 388, 391, 439 & 442. It was alleged that Khewat No. 344 was not included in the above said mutation and Misal-e-Haqiat relating to Khewat No. 344 had been prepared 12 years prior thereto in 1984-85. The accused Patwari illegally entered the name of the petitioner in the said Misal-e-Haqiat by cutting the names of the complainant and his relatives. After preliminary inquiry, the aforementioned FIR was registered against the petitioner and his co-accused. 3. The learned counsel for the petitioner contends that the allegations levelled in the FIR are absolutely false and based on malafides, as in fact a civil revision pertaining to the same…

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