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BAHAWAL KHAN vs RAB NAWAZ S — 2021 YLRN 53 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 YLRN 53 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Parties
BAHAWAL KHAN vs RAB NAWAZ S
Subject matter
Criminal
Provisions referred to
S. 561-; Penal Code (XLV of 1860)

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

BAHAWAL KHAN VS RAB NAWAZ S. 561-a---Penal Code (XLV of 1860), Ss. 419, 420, 467, 468 & 471---Constitution of Pakistan, art. 13--- Cheating by personation, cheating and dishonestly inducing delivery of property, forgery for valuable security, forgery for purpose of cheating, using as genuine a forged document---Petition for quashing of FIR---Double jeopardy---Scope---Petitioner sought quashing of FIR lodged against him on the grounds that the complainant registered FIR against the petitioner with the allegation that the petitioner had managed to manipulate a forged mutation in respect of disputed property about which both the parties claimed ownership---Investigation was carried out and challan was filed---Petitioner was acquitted of the charge after trial---Complainant for the same alleged act had succeeded to register another FIR, therefore, petitioner filed petition for quashment of the said FIR---Validity---Record showed that the petitioner had filed a declaratory suit against the father of complainant, which was finally decided and decree was assailed but appeal was dismissed---Petitioner was prosecuted for producing the abstract of false mutation entries and during the trial he produced photocopy of the purported agreement in his defence---Said forged Mutation entry was based on agreement, therefore, dragging the petitioner in the impugned FIR was not only a unique example of exploitation, but also amounted to mockery of law---Present was a fit case falling within the definition of "double jeopardy", which was against the principles of law and the stipulation contained in art.13 of the Constitution---Complainant had lodged the subsequent FIR but no proceedings in respect of already adjudicated allegation could be re-prosecuted in the second FIR---Petition for quashing of FIR was accepted, in circumstances.

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