Ghazala Ali vs Sikandar Ramzan Chaudhry Ss — 2024 PCrLJ 909 ISLAMABAD

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Ghazala Ali VS Sikandar Ramzan Chaudhry Ss. 420, 468 & 471---Criminal Procedure Code (V of 1898), S. 249-A---Cheating and dishonestly inducing delivery of property, using as genuine a forged document, forgery---Accused moved an application under S. 249-A, Cr.P.C., before the Trial Court for his acquittal claiming that the charge against him was groundless and there was no probability of him being convicted of any offence---Said application was allowed---Validity---Record showed that the alleged transaction of transfer of allotment in the name of two brothers i.e. respondent No.1 and husband of respondent No.2 was made in the year 1991 while subject FIR was registered by the appellant in the year 2018 i.e. after twenty-seven years of alleged transaction and after about twenty years of the first agreement wherein she had also been a signatory---Before the registration of instant FIR, the appellant had already filed a suit on 09.01.2018 for cancellation of agreement dated 17.01.1998 with a delay of more than twenty years---As there were two reports of Handwriting Expert of even date, filed before the Trial Court along with reports under S.173, Cr.P.C, one allegedly contained fake signatures of the official concerned while the other, filed with supplementary report under S.173, Cr.P.C, testified as genuine---In order to verify the veracity of the report, on the direction of the Court, FIA filed comprehensive report on 24.10.2022---As per said report, made part of file, signatures of late husband of respondent No. 2 were similar in characteristics with his routine signatures---Thus, report negated allegation of forgery, as alleged by the appellant in her F.I.R and pressed to seek full-length inquiry on the basis of reports containing fake signatures of the official concerned, which, of course, deserved stern departmental action against the delinquent/s, after tracing them out by the FIA and the police as well---Apart from fake Handwriting Expert Report, rest of incriminating material made basis to indict the respondents for the offence alleged, comprised of documents mentioned in the recovery memo---None of those documents even remotely suggested that any fraud, as alleged, had been played by the respondents---Neither the CDA nor the investigation agency alleged any forgery in preparation of said documents---Thus, entire prosecution evidence did not implicate the respondents for commission of alleged fraud and forgery---Charge against respondents, on examination of incriminating material, appeared to be groundless and there was no probability of the respondents being convicted of any offence, in case prosecution was allowed to lead entire prosecution evidence---Circumstances established that charge against the respondents was baseless and there was no remote probability of their conviction in case the prosecution was allowed to produce entire evidence---Appeal was accordingly dismissed.

Ghazala Ali vs Sikandar Ramzan Chaudhry Ss — 2024 PCrLJ 909 ISLAMABAD

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