2008 P Cr (PLP)
MUHAMMAD ALI — Petitioner Versus DISTRICT POLICE OFFICER and others — Respondents
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ALI — Petitioner Versus DISTRICT POLICE OFFICER and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 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 2008 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 P Cr (PLP) (MUHAMMAD ALI — Petitioner Versus DISTRICT POLICE OFFICER and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Amir Khan Niazi for Petitioner.
Headnotes / Summary
Ss. 22-A, 22-B, 200 & 154
Constitution of Pakistan (1973), Art.199
Constitutional petition
Petitioner had claimed that property of his deceased brother and his sisters was being .transferred by respondent on the basis of a forged power-of-attorney which was not registered in accordance with law
Petitioner had further stated that he approached local police for registration of a criminal case against said respondent under S.154, Cr.P.C., but without any fruitful result whereupon an application under Ss.22-A & 22-B, Cr.P.C. was moved to Additional Sessions Judge, but same was also dismissed relying on a manoeuvred police report and on unfounded reasons including that petitioner should, in the first place, file suit under S.39 of the Specific Relief Act, 1877
Stance canvassed in the petition rested on disputed factual controversy, requiring determination through detailed inquiry/recording of evidence, which exercise could not be undertaken while discharging jurisdiction under Art.199 of the Constitution
Besides such constitutional handicap, petitioner had an alternative remedy of proceeding in the matter by filing a private complaint under S.200, Cr.P.C.
Law had also provided course for investigation/inquiry, if needed according to the opinion of the Magistrate cognizant of the private complaint through an order under S.200, Cr.P.C. in view of availability of equally efficacious remedy by way of private complaint
Registration of criminal case could not be directed in circumstances
Petitioner could have recourse to other alternative remedy of filing private complaint.
Judgment & Decree
MUHAMMAD MUZAMMAL KHAN, J.
Petitioner complained that property of his deceased brother Sher Ali and his sisters is being transferred by respondent No.3 on the basis of a forged power -of-attorney which is not registered in accordance with law. It was contended that though brother of the petitioner had not appointed respondent No.3 as his attorney yet on his death power-of-attorney stood revoked but respondent No.3 by alienating his property has committed cognizable offence. It was further emphasized that local police was approached for registration of criminal case in terms of section 154, Cr.P.C. but without any fruitful results, whereupon an application under sections 22A and 22B, Cr.P.C. was moved to the learned Additional Sessions Judge but the same was also dismissed on 28-3-2007 relying on a manoeuvred police report and on unfounded reasons including that petitioner should in the first place file a suit under section 39 of the Specific Relief Act, 1877. A direction in Constitutional Jurisdiction of this Court was prayed to be issued in this behalf.
2. Having heard the case and perused the record, it became apparent that stance canvassed in this petition rested on disputed factual controversy, requiring determination through detailed inquiry/recording of evidence but such exercise cannot be undertaken while discharging jurisdiction under Article 199 of the Constitution of this country. These canons have already attained finality through consistent judgments of the Honourable Supreme Court of Pakistan, right from the case of The Province of East Pakistan v. Kshiti Dhar Roy and others PLD 1964 SC 626 upto date, including the case of Muhammad Younas Khan and 12 others v. Government of N.-W.F.P. through Secretary Forest and Agriculture, Peshawar and others 1993 SCMR 618 and. Muhammad Saleem Bhatti v. Syed Safdar Ali Rizvi and 2 others 2006 SCMR 1957. Besides this constitutional handicap, the petitioner has an alternative remedy of proceeding in the matter by filing a private complaint under section 200, Cr.P.C. Law has also provided course for investigation/ inquiry if needed according to the opinion of the learned Magistrate cognizant of the private complaint through an order under section 202, Cr.P.C. In view of availability of equality efficacious remedy by way of private, complaint. I am not persuaded to direct registration of criminal case. Petitioner may, if so advised, have recourse to other alternative remedy of filing private complaint, which if filed shall be decided on its own merit, irrespective of order passed by the learned Additional Sessions Judge, which has been passed on tentative assessment and without holding any regular trial. With these observations this writ petition is disposed of. H.B.T./M-601/L Petition dismissed.