MUHAMMAD TARIQ vs MUHAMMAD IBRAHIM Ss — 2022 PCrLJ 1393 ISLAMABAD

Case information

Citation: 2022 PCrLJ 1393 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD TARIQ vs MUHAMMAD IBRAHIM Ss
Subject matter: Criminal
Provisions referred to: S. 476

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

MUHAMMAD TARIQ VS MUHAMMAD IBRAHIM Ss. 476 & 195---Prosecution for certain offences relating to documents given in evidence---Procedure---Scope---Petitioner assails the dismissal of his application under S. 476, Cr.P.C.---Petitioner is a party in a suit for declaration and permanent injunction in relation to a house---Petitioner claims that the power of attorney filed on his behalf by another party in the suit is forged because he was in jail at the relevant time and did not sign it---Validity---Application under S. 476, Cr.P.C. was moved during pendency of suit for declaration and permanent injunction wherein he could contest the authenticity of the power of attorney in question by leading evidence---Trial Court might find the power of attorney to be genuine; to hold a parallel inquiry on the same question does not make sense, all the more so where the criminal prosecution would require proof beyond reasonable doubt---Insisting on prosecution in these circumstances is inexplicable---Safe assumption is that the Trial Court is the proper judge to evaluate the prospects of a successful prosecution for filing of forged documents before it as it would have the occasion to hear evidence by the party contesting the document---Judicial precedent respects its discretion and is averse to forcing it to decide otherwise---Instances could be there where a supervisory court may come to a different conclusion, but such instances can never arise before the trial is concluded or would be the ones where the forgery is so obvious as not requiring any investigation--- Constitutional petition is dismissed.

Other judgments reported in 2022 PCRLJ

2022 PCrLJ 296 LAHORE-HIGH-COURT-LAHORESAEED VS State art. 22---Identification parade---Object---accused not known previously---Effect---If complainant does not know accused prior…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State S. 50---General Clauses Act (X of 1897), S. 26---Provision as to offences punishable under two or more enactments---Rel…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State S. 497---Expressions "appears" and "brought"---Scope---Expression "appears" means appears in response to a summon by Co…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition of offences committed in relation to information system, Paki…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State Ss. 344 & 497---Penal Code (XLV of 1860), Ss. 295-B, 298-C, 120-B, 34 & 109---prevention of electronic Crimes Act (XL o…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition ofoffences committed in relation to information system, Pakis…

Back to the case-law library · Search Pakistani case law in Urdu or English