2014 P Cr (PLP)

SHUJAAT ALI KHAN, J.

Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has prayed for setting aside of order dated 13-6-2012 passed by the learned Additional Sessions Judge, Khushab, (respondent No.1) and for issuance of direction to SHO Police Station Khushab (respondent No.2) to register criminal case against the accused persons.

2. Precisely, the petitioner filed an application before respondent No.2 for registration of criminal case against respondents Nos.3 and 4 alleging that the accused persons fraudulently prepared a forged Gift Deed from maternal grandmother (Nanee) of the petitioner with an intention to deprive the petitioner as well as his mother from inheritance and further mortgaged the said property with The Bank of Punjab. As respondent No.2 failed to register criminal case on the application filed by the petitioner, he filed a petition under section 22-A and B of Cr.P.C. before respondent No.1 which was dismissed vide order dated 13-6-2012; hence this petition.

3. Learned counsel for the petitioner inter alia contends that the impugned order passed by respondent No.1 is against law and facts; that prima facie commission of offences under sections 420, 468 and 471 of P.P.C. are made out against respondents Nos.3 and 4; that the Gift Deed has been established to be forged and fictitious from the Record-keeper; that when respondent No.2 failed to perform his duty, respondent No.1 should have ordered for registration of criminal case and that respondent No.1 has erred in law while refusing to order for registration of criminal case against respondents Nos.3 and

4. In support of his contentions learned counsel has relied upon cases reported as Haji Sardar Khalid Saleem v. Muhammad Ashraf and others (2006 SCMR 1192) and Aijaz Ali Noonari v. Station House Officer Police Station Hussainabad and another (2012 YLR 360).

4. On the other hand, learned counsel for respondents Nos.3 and 4, while opposing this petition, submits that civil suit regarding the Gift Deed is pending before the Civil Court which is equally competent to order for registration of case if the said Gift Deed is proved to be forged. In support of his contentions, learned counsel has relied on the cases reported as Rai Ashraf and others v. Muhammad Saleem Bhatti and others (PLD 2010 SC 691) and Mian Abdul Waheed v. Additional Sessions Judge, Lahore and 7 others (2011 PCr.LJ 438).

5. After hearing learned counsel for the parties and going through the documents annexed with this petition as well as the case-law cited at bar, I am of the view that admittedly the matter qua the inheritance of Zubaida Begum is pending adjudication before the learned Civil Judge Faisalabad by way of a declaratory suit titled Feroza Bibi v. Abdul Qayyum etc. which would be decided on the basis of evidence to be adduced by the parties and in the eventuality the learned trial Court comes to the conclusion that any bogus document was prepared by the respondents the said court is fully competent to order for registration of case under section 195(1)(c), Cr.P.C.

6. Insofar as the contention of the petitioner that criminal as well as civil proceedings can run simultaneously, is concerned, there is no cavil with the said proposition but it is also worth-consideration that the matter qua the inheritance of Zubaida Begum is already pending adjudication before the court of competent jurisdiction and all the questions arising out of the same would be decided by the court presently seized of the matter which would also take care of the allegations levelled by the petitioner.

7. It is also interesting to note that Feroza Bibi, Nasim Bibi and Robina Bibi had executed deed surrendering their share in the disputed house in favour of their brothers namely Hamid Mehmood and Shahid Iqbal which deed has not been challenged by the petitioner in his suit.

8. Further, the petitioner being equipped with alternate remedy of filing of private complaint, instant constitutional petition is not maintainable as held by the august Supreme Court of Pakistan in the case reported as Rai Ashraf and others (supra) wherein it has inter alia been held as under:-- "It is admitted fact that petitioners have alternate remedies to file private complaint before the competent Court, therefore, constitutional petition was not maintainable... ... ..."

9. As far as the case-law cited by learned counsel for the petitioner is concerned, suffice it to observe that the case being quite distinguishable from the facts and circumstances of the instant case is of no help to the petitioner.

10. For what has been discussed above, respondent No.1 has rightly refused to issue direction for registration of criminal case. Resultantly, instant petition is hereby dismissed being devoid of merits. MWA/M-38/L Petition dismissed.