2010 P Cr (PLP)
ABDUL KARIM — Applicant Versus STATION HOUSE OFFICER, POLICE STATION JAMSHORO and another — Respondents
| Citation | 2010 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | ABDUL KARIM — Applicant Versus STATION HOUSE OFFICER, POLICE STATION JAMSHORO and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 P Cr (PLP) (ABDUL KARIM — Applicant Versus STATION HOUSE OFFICER, POLICE STATION JAMSHORO and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 22-A & 561-A
Justice of Peace had declined the request of tilt applicant for direction to the Police for lodging F.I.R., on the basis that if registered sale-deed in respect' of plot, proved to be forged, then the applicant had remedy to file a suit for cancellation of said sale- deed
Held, prima facie offence of forgery and manipulation of a forged document was proved before Justice of Peace and it was right of the party to set the criminal law into motion for prosecution of a person who committed such crime of managing a forged document in order to usurp the property of other persons and was liable for prosecution; but Justice of Peace had foisted his own view advising the party to seek remedy before the civil court instead of criminal prosecution
Along with criminal prosecution, the applicant was also entitled to avail a remedy by filing suit for relief of cancellation of sale-deed or any other relief
No bar existed in availing both remedies simultaneously
Application was allowed and impugned order passed by the Justice of Peace was set aside with direction to S.H.O. concerned to record the version of the applicant; and in case a cognizable offence was made out, he should register the F.I.R. of the applicant and investigate the matter in accordance with law.
Judgment & Decree
BHAJNDAS TEJWANI, J.
This is an application challenging the order dated 30-6-2009 passed by learned Sessions Judge, Jamshoro at Kotri, whereby he has declined the request of applicant for direction to the police for lodging the F.I.R. on the score that if the document i.e. registered deed in respect of plot, is proved to be forged, then the applicant has remedy to file a suit for cancellation of the sale -deed. The learned counsel for applicant has drawn my attention to the report dated 18-5-2009 sent by sub-Registrar Kotri to the learned Sessions Judge in which it was averred in clear terms that the sale-deed in question which was shown to have been registered with him, was never registered in his office. The learned A.P.-G. appearing for the State has not supported the impugned order on the score that when prima facie it was proved before the learned rower Court that sale-deed was forged and managed one, therefore, he should have directed for lodging of the F.I.R. I have heard learned counsel for the applicant as well, as learned D.P.-G. and perused the material available on record. It is surprising to note that a high ranking Judicial Officer like a Sessions Judge did not appreciate that prima facie offence of forgery and manipulation of a forged document was proved before him and it was right of the party to set the Criminal law into motion for prosecution of a person who committed such crime of managing a forged document in order to usurp the property of other person, was liable for prosecution but in this case, the learned Judge has foisted his own view by advising the party to seek remedy before the Civil Court instead of criminal prosecution. It may be observed that along with criminal prosecution, the applicant is also entitled to avail a remedy by filing suit for relief of cancellation of sale-deed or any other relief so advised and there is no bar in availing both remedies simultaneously. In view of the foregoing reasons, this criminal miscellaneous application is allowed. The impugned order dated 30-6-2009 passed by learned Sessions Judge, Jamshoro at Kotri in Criminal Miscellaneous Application No.11 of 2009 is set aside with direction to S.H.O. Police Station Jamshoro to record the version of the applicant and in case a cognizable offence is made out, he should register the F.I.R. of the applicant and investigate the matter in accordance with law. H.B.T./A-6/K Application allowed.