JAMAL KHAN vs SECRETARY HOME DEPARTMENT Ss — 2021 SCMR 468 SUPREME-COURT

Case information

Citation: 2021 SCMR 468 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: JAMAL KHAN vs SECRETARY HOME DEPARTMENT Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JAMAL KHAN VS SECRETARY HOME DEPARTMENT Ss. 22-a & 22-B---Thumb impression on an arbitration agreement---Petitioner claiming that the said thumb marks were not his; the arbitration instrument was fake and forged, therefore, directions should have been given by the Justice of Peace for registration of FIR against the respondents---High Court declined to issue a direction for registration of a criminal case on the ground that prima facie the dispute inter se the parties was of civil nature as both sides were asserting their divergent claims on a common land, and that inordinate delay and availability of alternate remedies were other considerations that didn't warrant a direction for registration of FIR---Held, that report submitted by the police did not support petitioner's claim and there was consensus that both sides were locked in a dispute of civil nature---against such peculiar backdrop, refusal by the Justice of Peace to issue direction to the Station House Officer and non-interference by the High Court therewith did not suffer from any jurisdictional error or flaw---Petition for leave to appeal was dismissed and leave was refused.

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