2001 P Cr (PLP)
ZAHOOR AHMAD and others — Petitioners Versus EXECUTIVE MAGISTRATE and others — Respondents
| Citation | 2001 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | ZAHOOR AHMAD and others — Petitioners Versus EXECUTIVE MAGISTRATE and others — Respondents |
Q1: What are the key laws and sections cited in 2001 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 P Cr (PLP) (ZAHOOR AHMAD and others — Petitioners Versus EXECUTIVE MAGISTRATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Gul Sadbar for Petitioners.
- Attique Shah for Respondents.
Headnotes / Summary
Ss. 419/420
Constitution of Pakistan (1973), Art.199
Constitutional petition
Complainant in her application filed before Executive Magistrate/Incharge Complaint Cell, alleged that mutation of land owned by her had, been fraudulently got attested by petitioners on her behalf
Magistrate conducted inquiry into the matter, cancelled the mutation and directed complainant to lodge F.I.R. against the petitioners under Ss.419/420, P.P.C.
Complainant had already instituted civil suit in which she had challenged the validity of the mutation
Dispute between the parties being of civil nature, Magistrate had no jurisdiction to entertain the application of complainant
Orders passed by Magistrate were declared to be illegal by High Court in exercise of Constitutional jurisdiction.
Judgment & Decree
MIAN SHAKIRULLAH JAN, J.
Zahoor Ahmad Khan etc. have filed this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, for declaring the order of respondent No. 1 as illegal, without lawful authority and of no legal effect.
2. Brief facts of the case which compelled the petitioners to file this petition, according to the petition, are that Mst. Niaz Parwara, respondent No.2, filed an application before Executive Magistrate/Incharge Complaint Cell, respondent No. 1, to the effect that she is owner of landed property measuring 40 Kanals, 2-1/2 Marlas situated at Taibana Maira Turangzai and Mutation No. 1622, dated 29-8-1982 was fraudulently attested on her behalf; that respondent No. 1 proceeded in .the matter, summoned the petitioners, conducted inquiry into the matter and cancelled Mutation No. 1622 and further respondent No.2 was directed to lodge F.I.R. against the petitioners under sections 419/420 and 182, P.P.C.
3. We have heard the learned counsel for the parties and perused the file.
4. In this case the dispute between the parties is of civil nature and the Executive Magistrate has no jurisdiction to entertain the application of respondent No.2. The respondent No.2 has already instituted a civil suit in the Court of Civil Judge, Charsadda, in which she has challenged the validity of the same mutation i.e. Mutation 1622, which is pending Adjudication. Keeping in view the legal position, this writ petition is accepted, the impugned order, dated 15-9-2000, passed by respondent No. 1 is declared illegal, without lawful authority and of no legal effect. No order as to costs. H.B.T./227/P Petition accepted.