Scribd Logo
Upload

Welcome to Scribd!

  • 73 views

    PLJ 2021 Lahore 386: Constitution of Pakistan, 1973

    Uploaded by

    Faiz Hassan
    The petition seeks to set aside the order dismissing the application for registration of a criminal case against proposed accused. The court summarizes: 1) The application before the Ex-Officio Justice of the Peace alleges that a forged agreement was executed using bogus signatures and thumb impressions of a person who was not present in Pakistan at the time. 2) A prima facie cognizable offense is made out based on the application. Pending civil litigation does not bar criminal proceedings. 3) The petition is accepted and police are directed to register a case and investigate, first verifying if the person was in Pakistan on the date of the alleged agreement before investigating other aspects of the case. The officer will submit a report to

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    PLJ 2021 Lahore 386: Constitution of Pakistan, 1973

    Uploaded by

    Faiz Hassan
    73 views3 pages
    The petition seeks to set aside the order dismissing the application for registration of a criminal case against proposed accused. The court summarizes: 1) The application before the Ex-Officio Justice of the Peace alleges that a forged agreement was executed using bogus signatures and thumb impressions of a person who was not present in Pakistan at the time. 2) A prima facie cognizable offense is made out based on the application. Pending civil litigation does not bar criminal proceedings. 3) The petition is accepted and police are directed to register a case and investigate, first verifying if the person was in Pakistan on the date of the alleged agreement before investigating other aspects of the case. The officer will submit a report to

    Original Title

    APL Lahore1

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The petition seeks to set aside the order dismissing the application for registration of a criminal case against proposed accused. The court summarizes: 1) The application before the Ex-Officio Justice of the Peace alleges that a forged agreement was executed using bogus signatures and thumb impressions of a person who was not present in Pakistan at the time. 2) A prima facie cognizable offense is made out based on the application. Pending civil litigation does not bar criminal proceedings. 3) The petition is accepted and police are directed to register a case and investigate, first verifying if the person was in Pakistan on the date of the alleged agreement before investigating other aspects of the case. The officer will submit a report to

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    73 views3 pages

    PLJ 2021 Lahore 386: Constitution of Pakistan, 1973

    Uploaded by

    Faiz Hassan
    The petition seeks to set aside the order dismissing the application for registration of a criminal case against proposed accused. The court summarizes: 1) The application before the Ex-Officio Justice of the Peace alleges that a forged agreement was executed using bogus signatures and thumb impressions of a person who was not present in Pakistan at the time. 2) A prima facie cognizable offense is made out based on the application. Pending civil litigation does not bar criminal proceedings. 3) The petition is accepted and police are directed to register a case and investigate, first verifying if the person was in Pakistan on the date of the alleged agreement before investigating other aspects of the case. The officer will submit a report to

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    You are on page 1of 3

    386 Lah. M. RIAZ MALIK V. LEARNED ADDL.

    SESSIONS JUDGE PLJ


    (Muhammad Qasim Khan, J.)
    6. In view of above, these writ petitions are dismissed being not
    maintainable. However, the petitioners, if so desire, may avail remedy as
    provided under the Land Acquisition Act, 1894.
    (Y.A.) Petition dismissed.
    -------------------------
    PLJ 2021 Lahore 386
    Present: MUHAMMAD QASIM KHAN, J.
    MUHAMMAD RIAZ MALIK--Petitioner
    versus
    LEARNED ADDITIONAL SESSIONS JUDGE
    and 7 others--Respondents
    W.P. No. 21890 of 2014, decided on 2.5.2016.
    Constitution of Pakistan, 1973--
    ----Art. 199--Criminal Procedure Code, (V of 1898), S. 22-A(6)--Application for
    registration of case--Dismissed--Execution of agreement--Producing of
    forged lady--Cognizable offence--Civil litigation--Direction to--From a bare
    reading of application filed by petitioner before learned Ex Officio Justice of
    Peace, prima facie, commission of a cognizable of fence is made out--Mere
    pendency of civil litigation or availability of remedy before Civil Court
    cannot create any bar to launch criminal proceedings--Civil and criminal
    liabilities are entirely independent in nature and have no nexus with each
    other; hence, both she proceedings can go; side by side--Petition was
    allowed. [P. 387] A
    PLD 1992 Lahore 178 ref.
    Mr. Abdul Khaliq Safrani, Advocate for Petitioner.
    Mr. Amjad Ali Chatha, Additional Advocate General for Respondent.
    Mr. Zabi Ullah Nagra, Advocate for Respondent No. 4.
    Ex-parte to the extent of remaining Respondents vide order dated 14-
    03-2016.
    Date of hearing: 2.5.2016.
    ORDER
    Petitioner seeks setting aside of order dated 16-07-2014 passed by
    learned Ex Officio Justice of Peace, whereby application under Section 22-A(6),
    Cr.P.C. filed by the petitioner seeking direction for registration of case against
    the proposed accused was dismissed.
    2. Learned counsel for petitioner submits that from the contents of
    application commission of cognizable offence is made out, as at the time of
    execution of the alleged agreement Shahida Ghalib was not in Pakistan and the
    respondents by producing a forged lady got executed the said agreement, which
    2021 M. RIAZ MALIK V. LEARNED ADDL. SESSIONS JUDGE Lah. 387
    (Muhammad Qasim Khan, J.)
    needs investigation; civil and criminal litigation can go side by side; and while
    passing impugned order learned Ex-Officio Justice of Peace has not properly
    appreciated the material available before him; hence, impugned order is liable to
    be set aside and while accepting instant petition direction for registration of case
    against the private respondents may be issued.
    2. On the other hand, learned Law Officer, while supporting the
    impugned order has vehemently opposed this petition.
    3. Arguments decided and record perused.
    4. From the perusal of application filed by the petitioner before learned
    Ex-Officio Justice of Peace, it appears that serious allegations have been
    levelled against the private respondents, as stance of the petitioner is that at the
    time of alleged execution of the agreement Shahida Ghalib, who was residing at
    Libya, was not present in Pakistan and the alleged agreement was prepared
    through bogus signatures and thumb impressions of Shahida Ghalib, which
    needs thorough investigation.
    5. From a bare reading of application filed by the petitioner before
    learned Ex Officio Justice of Peace, prima facie, commission of a cognizable
    offence is made out. Mere pendency of civil litigation or availability of remedy
    before the Civil Court cannot create any bar to launch criminal proceedings.
    Civil and criminal liabilities are entirely independent in nature and have no
    nexus with each other; hence, both the proceedings can go side by side.
    Therefore, in the light of judgment passed by the Full Bench of this Court,
    reported as (PLD 1992 Lahore 178) Muhammad Shafi versus Deputy
    Superintendent of Police (Malik Gul Nawaz) and 5 others", this petition is
    accepted with direction
    that after registration of case Investigating Officer shall firstly verify the fact
    that on the date of execution of alleged agreement Shahida Ghalib was in
    Pakistan and then he shall investigate the matter on the other aspects of the case.
    However, during investigation, to the
    extent of the persons who are found innocent, the Investigating Officer will
    submit report for cancellation of case forthwith and he will proceed against the
    persons who are found guilty in accordance with law.
    (Y.A.) Petition allowed.
    ----------------------
    388 Lah. Mst. SULLI V. SHERA PLJ
    (Ch. Muhammad Iqbal, J.)

    You might also like