2025 P Cr (PLP)
Abida Siddique — Petitioner Versus The state and 2 others — Respondents
| Citation | 2025 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Abida Siddique — Petitioner Versus The state and 2 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2025 P Cr (PLP)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2025 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: 2025 P Cr (PLP) (Abida Siddique — Petitioner Versus The state and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ms. Nosheen Ambar Bukhari for Petitioner.
- Mian Imam Bakhsh and Mian Muhammad Imran for Respondent No. 3.
Headnotes / Summary
Ss. 420, 467, 468 & 471
Prevention of Corruption Act (II of 1947), S. 5
Cheating and dishonestly inducing someone to deliver property, forgery for valuable security, forgery for the purpose of cheating, use of a forged document as genuine, public servant committing or attempting to commit criminal misconduct
Scope
Petition filed by the accused-petitioner for the stay of criminal proceedings was declined
First Information Report was chalked out with the allegation that accused persons-petitioners, in connivance with each other, prepared a forged and fictitious Nikah Nama showing petitioner as wife of his deceased father in order to grab properties left by his deceased father
There was no bar to the simultaneous institution of both civil as well as criminal proceedings regarding the same matter
Where criminal liability was dependent upon or connected with the result of civil proceedings and it was difficult to draw a line between a bona fide claim and criminal act alleged, the Trial Court might postpone the criminal proceedings till the conclusion of civil proceedings
Court should exercise the discretion in that regard keeping in view the circumstances of the case
Court should see as to whether the accused was likely to be prejudiced in case criminal proceedings were not stayed
Said Nikah Nama was subject matter of civil litigation between the parties
Genuineness or otherwise of the Nikah Nama had to be determined by the Civil Court, as such fate of the criminal case depended upon the fate of civil cases, therefore, propriety demanded that the Trial Court should not finalize the proceedings till the disposal of the civil/family cases between the parties
Thus, Trial Court shall continue the proceedings, but shall not dispose of the case finally before the decision of the family/civil cases between the parties in order to avoid the chance of conflicting judgments
Petition was allowed, in circumstances.
Judgment & Decree
Tanveer Ahmad Shaikh, J.
Through this criminal revision petition, an order dated 10.09.2024, passed by learned Special Judge, Anti-Corruption, Sahiwal was assailed whereby request of petitioner Abida Siddique, one of the accused of criminal case, for the stay of the criminal proceedings, was declined.
2. Record speaks that case FIR No. 284/2021, dated 22.07.2021 for the offences under Sections 420, 467, 468 and 471 of P.P.C. read with Section 5(2) of Prevention of Corruption Act, 1947 was chalked out under the authorship of respondent No.3 (Fakhar Khalid) with the allegations that accused persons, in connivance with each other prepared a forged and fictitious Nikah Nama showing Mst. Abida Siddique (petitioner) as wife of his deceased father in order to grab properties left by his deceased father.
3. There is no bar to the simultaneous institution of both civil as well as criminal proceedings regarding the same matter. According to the guiding principles laid down by august Supreme Court of Pakistan in number of the judgments, where criminal liability is dependent upon or connected with the result of civil proceedings and it is difficult to draw a line between a bona fide claim and criminal act alleged, the trial court may postpone the criminal proceedings till the conclusion of civil proceedings. The court should exercise the discretion in this regard keeping in view the circumstances of the case. The court should see as to whether the accused was likely to be prejudiced in case criminal proceedings are not stayed. If any reference in this regard is required, that can be had from 'Salman Ashraf v. Addl. District Judge Lahore and others' (2023 SCMR 1292), 'Muhammad Aslam v. The State and others' (2017 SCMR 390) and 'Abdul Ahad v. Amjad Ali and others' (PLD 2006 SC 771).
4. Said Nikah Nama was subject matter of civil litigation between the parties. Genuineness or otherwise of the Nikah Nama has to be determined by the learned civil court, as such fate of the criminal case depends upon the fate of civil cases, therefore, propriety demands that the learned trial court should not finalize the proceedings till the disposal of the civil/family cases between the parties.
5. I, therefore, allow the present petition in the manner that learned trial court shall continue the proceedings, but shall not dispose of the case finally before the decision of the family/civil cases between the parties in order to avoid the chance of conflicting judgments. Copy of this order be sent to the learned trial court concerned. JK/A-55/L Petition allowed.