2008 PLP 1073 (YLR)

TARIQ SHAMIM, J.

The petitioners seek quashing of case F.I.R.. No. 899 of 2007, dated 26-8-2007 for offence under sections 420, 467, .168 and 471, P.P.C.; registered at Police Station Islampura, Lahore, inter alia on the grounds that the petitioners are owners of the land in question, therefore, there was no necessity for the petitioners to have prepared a bogus document; that the matter is pending before the Civil Court which is fully competent to decide the dispute between the parties; that the F.I.R. had not been competently lodged as Jamabandi in question had been appended with the civil suit filed by the petitioners and in such a situation it is only the Civil Court which is competent to direct registration of a criminal case and that the allegations levelled in the F.I.R. are totally false and fabricated.

2. The learned Assistant Advocate-General as well as the learned counsel for respondents Nos. 3 to 5 has contended that forgery was committed by the petitioner much prior to the filing of the civil suit and, therefore, the provisions of sections .195 and 476, Cr.P.C. are not applicable to the facts of the case; that the concerned Tehsildar conducted an inquiry in which he found that the petitioners did not own any land in the area and Jamabandi in question was false and fabricated; that the matter entails factual controversy which could not be agitated through a writ petition; that the suit in which the petitioners had obtained stay order from the learned Civil Court on the basis of the documents in question had been dismissed and that the petitioners despite a specific direction given by this Court have failed to join the investigation.

3. I have heard the learned counsel and gone through the record.

4. Serious allegations have been levelled against the petitioners of preparing Fard Malkiat of property in respect of which they had no proprietary rights. The Fard Jamabandi does not even relate to Khasra No.2030 but in fact, pertains to another land in the area. On inquiry conducted by the Tehsildar, a report was submitted by the Halqa Patwari which was concurred with by the Tehsildar in which it was revealed that the petitioners did not own any land in the area and that Fard Jamabandi had been forged and fabricated by the petitioners. The argument of the learned counsel that since Fard Jamabandi had been appended with the civil suit filed by the petitioner and, therefore, it was only the Civil Court which could order registration of a criminal case is totally unfounded as, according to the record, the Fard Jamabandi was prepared much before the civil suit was filed. I agree with the arguments advanced by the learned counsel for the respondents that in the given facts and circumstances of the case the applicability of sections 476 and 195, Cr.P.C. is doubtful. Further, mere pendency of civil suit between the parties cannot be made a basis for stalling the process emanating from the F.I.R. as civil as well as criminal proceedings can continue side by side as has been held by the Hon'ble Supreme Court of Pakistan in the cases of Rafique Bibi v. Muhammad Sharif and others (2006 SCMR 512) and M. Aslam Zaheer v. Shah Muhammad (2000 SCMR 1619). The matter essentially pertains to disputed questions of fact as the allegations levelled by the complainant have been denied by the petitioners. Therefore, the same can neither be agitated before this Court nor can the same be resolved in exercise of constitutional jurisdiction. The police officer present in the Court with record has categorically stated that the petitioners have not joined the investigation. It may be pointed out that the petitioners had been specifically directed by this Court to join the investigation which is apparent from the order, dated 13-11-2007, thus they have willfully failed to comply with the order and on account of their conduct nor relief can be granted in equity. Since the investigation has not been finalized, therefore, quashing of the F.I.R. at this stage would amount to stifling the prosecution in its infancy. Further, the Hon'ble Supreme Court of Pakistan in the case of Col. Shah Sadiq v: Muhammad Ashiq and others (2006 SCMR 276) has deprecated the quashing of F.I.R. and has held that quashing of F.I.R. would amount to short circuiting the normal procedure of law as provided under Criminal Procedure Code and Police Rules.

5. For what has been stated above, this petition being without any merit is dismissed. H. B. T. /M-30/L Petition dismissed.