| Citation(s) |
|---|
| 2010 SLG 352 2010 SLD 352 2010 PLD 42 |
Lahore High Court
Writ Petitions Nos. 12862, 13541 and 14074 of 2008, heard on 24th June, 2008
KAZIM ALI MALIK, J
Imtiaz Hussain Khan Balouch, Ch. Abdul Saleem, Ghulam Hussain Awan and Farooq Bedar for Petitioners Fawad Malik, A.A.G. with Riaz Ahmad, Deputy Director Anti-Corruption, Faisalabad for
Respondents. Khawar Mahmood for the Complainant
Writ Petitions Nos. 12862, 13541 and 14074 of 2008, heard on 24th June, 2008
KAZIM ALI MALIK, J
Imtiaz Hussain Khan Balouch, Ch. Abdul Saleem, Ghulam Hussain Awan and Farooq Bedar for Petitioners Fawad Malik, A.A.G. with Riaz Ahmad, Deputy Director Anti-Corruption, Faisalabad for
Respondents. Khawar Mahmood for the Complainant
MUBARIK ALI FAROOQI and anothers
VS
CIRCLE OFFICER, POLICE STATION ANTICORRUPTION, FAISALABAD and 3 others
Law: Pakistan Penal Code, 1860
Section: 420,468,471
Law: Civil Procedure Code (V of 1908)
Section: 12(2)
Law: Prevention of Corruption Act, 1947
Section: 5(2)
(a) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of contract---Giving effect to decree in revenue record---Suit having been decreed in favour of plaintiff, he instead of filing an application for execution of decree for specific performance of the contract, adopted a procedure unwarranted in law by approaching Revenue Patwari to get entered a mutation in respect of suit property and Patwari entered mutation on basis of photocopy of decree---Validity---Unless and until a decree for specific performance of contract was executed against the -debtor, it would not create any right in the subject matter in favour of decreeholder---It was not permissible under the law for the Patwari to give effect to said decree in the revenue record without an order of the executing court---Revenue: officials wrongly treated the decree for specific performance of the contract as a declaratory decree in favour of plaintiff/decree-holder---Revenue Officials were required to return the decree for specific performance of the contract to the decree-holder asking him to approach the executing court for the needful. (b) Penal Code (XLV of 1860)--- ----Ss. 420/468/471---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of F.I.R., petition for -Prima facie sufficient evidence was available to connect accused persons with the charge---Principle of double ,,jeopardy was also of no help to the petitioners/accused, because the charge in the case was altogether different from that of earlier one---Constitutional petition was dismissed. JUDGMENT KAZIM ALI MALIK, J.---Common questions of law and fact are involved in the Writ Petitions Nos.13541, 12862 and 14074 of 2008, I, therefore, propose to dispose them of by this single judgment. 2. Brief facts giving rise to these petitions with a prayer for quashing of F.I.R. No.69 of 2008 registered under sections 420/468/471 P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 at Police Station, Anti-Corruption Establishment, Faisalabad may be given first:-- Mukhar Ahmad, petitioner/accused filed a suit for specific…
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