2006 PLP 491 (MLD)

M. BILAL KHAN, J.

Haji Muhammad Ashiq son of Mian Meraj Din, the petitioner by filing this constitutional petition, seeks setting aside of the orders dated 30-7-2005 and 24-10-2005 passed by the learned Judicial Magistrate 1st Class and learned Additional Sessions Judge, Lahore, respectively. He has further prayed that "a direction be issued to the learned Magistrate Mr. Zia Tariq Khokhar, to complete the trial proceedings but should not announce the final judgment till the pendency of the civil suits for specific performance between the parties pending in the Court of Mr. Shahzad Masood Sadiq, Civil Judge, Lahore and application under section 12(2), C.P.C. also pending in the same Court".

2. Briefly the facts giving rise to this petition were that Dr. Shahid Aziz (respondent No.2) got registered case F.I.R. No.53, dated 3-4-2004, at Police Station "Shadman Colony, Lahore for offence under sections 420, 468, 471, P.P.C., alleging therein that the petitioner had played a fraud with him while selling Property No.714-B, Shadman Colony, Lahore. During the course of trial, the petitioner moved an application before the learned trial Magistrate seeking stay of proceedings of the aforesaid case till the decision of the civil suit for Specific performance and an application under section 12(2), C.P.C. pending in the Court of Mr. Shahzada Maqsood Sadiq, Civil Judge, Lahore. The said application had been dismissed by the learned trial Magistrate vide order dated 30-7-2005. Being aggrieved thereof, the petitioner preferred a revision petition before the learned Court of Sessions, which too met the same fate vide order dated 24-10-2005 passed by the learned Additional Sessions Judge, Lahore. Hence, the instant constitutional petition.

3. I have heard the learned counsel for the petitioner at considerable length and have also gone through the impugned orders.

4. There is no provision of law, which mandates a criminal Court to stay, criminal proceedings till decision of civil suit relating to the same subject-matter. Civil suit and criminal case both have to be decided on A their own merits and evidence recorded in one case cannot be used in the other. Likewise the judgment in the civil case would not be binding in the criminal case. Both the proceedings are governed by different laws. It would be useful to quote the dictum laid down by the Hon'ble Supreme Court in the case of Muhammad Akbar v. The State and others (PLD 1968 SC 281), wherein the Hon'ble apex Court had held that there was no invariable rule that the proceedings in a criminal case should be stayed pending civil litigation. It was held that it was a matter of pure discretion. The learned counsel for the petitioner has not been able to point out any irregularity much less any illegality in the impugned orders passed by the learned Courts below warranting interference by this Court in its constitutional jurisdiction. There is no merit in .this petition, which is dismissed in limine. N.H.Q./M-31/L?????????????????????????????????????????????????????????????????????????????????? Petition dismissed.