2007 PLP 1392 (SCMR)

FAQIR MUHAMMAD KHOKHAR, J.

The petitioner and his mother Mst. Khurshid Begum, are involved in case F.I.R. No.38 of 2005 dated 18-1-2005 under sections 420, 467, 468, 471, P.P.C. registered at Police Station Green Town, Lahore. According to the F.I.R., lodged by the complainant Asif Javed the petitioner had forged an agreement to sell dated 7-8-1988 in respect of Plot No.110/D of PCSIR Staff Cooperative Housing Society, Lahore, whereas his mother Mst. Khurshid Begum fabricated another agreement to sell of even date in respect of Plot No.109/D.

2. The learned counsel submitted that the aforesaid F.I.R. No.38 of 2005 was counterblast to an earlier F.I.R. No.18 of 2005 which was got registered by the petitioner against some other persons in respect of Plots Nos.109 and 110/D PCSIR Staff Cooperative Housing Society, Lahore, under sections 148/149/452 and 506, P.P.C. at Police Station Satoo Katla, District Lahore, as the accused therein tried to dispossess the petitioner from the aforesaid plots. It was next contended that the petitioner and his mother Mst. Khurshid Begum had instituted separate suits for the declaration and permanent injunction as back as on 4-11-2002. It was lastly contended that both the plots in dispute were situated within the territorial jurisdiction of Police Station Satoo Katla, District Lahore, whereas F.I.R. No.38 of 2005 falsely got registered against the petitioner and his mother at Police Station Green Town, Lahore, with ulterior motives. The original documents of both the plots were in favour of the petitioner and his mother.

3. The learned State counsel on instructions from Javed Iqbal, Sub-Inspector of Police Station Green Town, Lahore, supports the version of the petitioners.

4. On the other hand, the learned counsel for the complainant submitted that the civil suits instituted by the petitioner and his mother had already been dismissed and their appeals were also dismissed for want of prosecution. It was further submitted that the reports of the Handwriting Expert were positive showing conclusively that the agreement to sell was forged by the petitioner.

5. We have heard the learned counsel for the parties, as well as the learned counsel for the State at length and have also perused the available record. We find that the F.I.R. No.38 of 2005 was registered against the petitioner and his mother after about seven years and that too at police station lacking the territorial jurisdiction over the property in dispute. There seems to be divergence of opinion between the learned State counsel and the learned counsel for the complainant over the reports of Handwriting Experts. In our view, the case against the petitioner calls for further inquiry.

6. For the foregoing reasons, this petition is converted into appeal and the same is allowed. The order dated 7-10-2006, passed by the Lahore High Court, Lahore, is set aside and the ad interim pre-arrest bail already allowed to the petitioner by our order, dated 30-10-2006 is hereby confirmed. N.H.Q./R-21/SC Pre-arrest bail allowed.