2018 PLP 1406 (MLD)
SHAMSUL ISLAM — Petitioner Versus The STATE — Respondent
| Citation | 2018 PLP 1406 (MLD) |
| Forum / Court | Gilgit-Baltistan Chief Court |
| Bench Members | N/A |
| Parties | SHAMSUL ISLAM — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2018 PLP 1406 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 1406 (MLD)?
The case was heard and decided by the Gilgit-Baltistan Chief Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 1406 (MLD) (SHAMSUL ISLAM — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Shakeel Ahmad for Petitioner.
Headnotes / Summary
S.561-A
Penal Code (XLV of 1860), Ss. 420, 464, 468 & 471
Cheating and dishonestly inducing delivery of property, making of a fake document, forgery for the purpose of cheating, using as genuine of forged document
Quashing of FIR
Accused had sought quashing of FIR mainly on the ground that a civil case regarding the same dispute was pending adjudication before the civil court and respondent, just to exert pressure on accused and his family, had resorted to criminal proceedings to achieve his nefarious ends
Contents of the plaint filed in the civil court, showed that the criminal matter and civil suit were so interlinked that result of one would affect the fate of other
Criminal proceedings, were not normally postponed till disposal of civil litigation, except where criminal liability was dependent upon the result of civil litigation or so intimately connected with the same as to cause damage and grave injustice
No invariable rule existed to stay proceedings, and the matter was one of discretionary
Criminal proceedings were stayed by the Chief Court till the decision of civil suit pending adjudication.
Judgment & Decree
MALIK HAQ NAWAZ, J.
The petitioner has been booked for the above offences vide FIR No.4/2016 registered at Police Station Goharabad, Diamer.
2. The instant petition has been filed under section 561-A, Cr.P.C., for quashment of the above FIR mainly on the ground that a civil case regarding the same dispute is pending adjudication before the Civil Judge Chilas and the respondent just to exert pressure on the petitioner and his family has resorted to criminal proceedings to achieve his nefarious ends.
3. The learned Dy.A.G, opposed the petition and stated that the same is pre-mature and this Court has already laid down certain guiding principles for quashment of FIRs and non of the ground mentioned in the judgment titled Faisal Iqbal and others v. State is attracted in the instant case.
4. I heard both the parties and examined the record and documents annexed with the petition. It is not denied that a civil suit is pending adjudication in the Court of Civil Judge Chilas. The contents of the plaint filed in the Civil Court by the present petitioner and 76 others against all the owners of Narree Haitee Dakhali Lasloni Haitai (respondents) showed that the criminal matter and civil suit are so interlinked that result of one will affect the fate of other. Criminal proceedings are not normally postponed till disposal of civil litigation except where criminal liability dependent upon the result of civil litigation or so intimately connected with same as to cause damage and grave injustice.
5. There is no invariable rule to stay proceeding and the matter is one of the discretionary. I, accordingly, consider that ends of justice demands that the criminal proceeding occurring on the basis of FIR No.04/2016 are stayed till the decision of civil suit bearing No.267/2015 pending adjudication in the Court of Civil Judge Chilas. HBT/135/GB Criminal proceeding stayed