MUHAMMAD ALI vs DISTRICT POLICE OFFICER and others
The petitioner invoked the constitutional jurisdiction of the Lahore High Court under Article 199 of the Constitution of Pakistan 1973, seeking a direction for the registration of a criminal case regarding the alleged transfer of a deceased person's property through a forged power of attorney. The local police and the Additional Sessions Judge had previously declined relief under sections 22A and 22B of the Code of Criminal Procedure 1898. The core legal question was whether constitutional jurisdiction can be exercised to resolve disputed factual controversies involving allegations of forgery and fraud when alternative remedies exist. The court held that the petition involved disputed factual controversies requiring detailed inquiry and evidence, which cannot be undertaken under Article 199. Furthermore, the petitioner possessed an adequate alternative remedy by filing a private complaint under section 200 of the Code of Criminal Procedure 1898. The key principle laid down is that High Courts will not interfere in constitutional jurisdiction for the registration of a criminal case where the matter involves disputed facts and an efficacious alternative remedy like a private complaint is available.
- Whether constitutional jurisdiction under Article 199 can be invoked for the registration of a criminal case involving disputed factual controversies?
- Is a private complaint under section 200 of the Code of Criminal Procedure 1898 an efficacious alternative remedy when police fail to register a criminal case?
- Can the High Court undertake a detailed inquiry and record evidence in writ jurisdiction regarding allegations of a forged power of attorney?
- Section 154, Code of Criminal Procedure 1898
- Section 22A, Code of Criminal Procedure 1898
- Section 22B, Code of Criminal Procedure 1898
- Section 39, Specific Relief Act 1877
- Article 199, Constitution of Pakistan 1973
- Section 200, Code of Criminal Procedure 1898
- Section 202, Code of Criminal Procedure 1898
ORDER
' MUHAMMAD MUZAMMAL KHAN, J.--Petitioner complained that property of his deceased brother Sher Ali and his sisters is being transferred by respondent No,3 on the basis of a forged powerof- attorney which is not registered in accordance with law. It was contended that though brother of the petitioner had not appointed respondent No,3 as his attorney yet on his death power-of- attorney stood revoked but respondent No,3 by alienating his property has committed cognizable offence. It was further emphasized that local police was approached for registration of criminal case in terms of section 154, Cr.P.C. But without any fruitful results, whereupon an application under sections 22A and 22B, Cr.P.C. Was moved to the learned Additional Sessions Judge but the same was also dismissed on 28-3-2007 relying on a manoeuvred police report and on unfounded reasons including that petitioner should in the first place file a suit under section 39 of the Specific Relief Act, 1877. A direction in Constitutional Jurisdiction of this Court was prayed to be issued in this behalf.
2. Having heard the case and perused the record, it became apparent that stance canvassed in this petition rested on disputed factual controversy, requiring determination through detailed inquiry/recording of evidence but such exercise cannot be undertaken while discharging jurisdiction under Article 199 of the Constitution of this country. These canons have already attained finality through consistent judgments of the Honourable Supreme Court of Pakistan, right from the case of The Province of East Pakistan v. Kshiti Dhar Roy and others PLD 1964 SC 626 upto date, including the case of Muhammad Younas Khan and 12 others v. Government of N.-W.F.P. Through Secretary Forest and Agriculture, Peshawar and others 1993 SCM R 618 and Muhammad Saleem Bhatti v. Syed Safdar Ali Rizvi and 2 others 2006 SCM R 1957.
' Besides this constitutional handicap, the petitioner has an alternative remedy of proceeding in the matter by filing a private complaint under section 200, Cr.P.C. Law has also provided course for investigation/ inquiry if needed according to the opinion of the learned Magistrate cognizant of the private complaint through an order under section 202, Cr.P.C. In view of availability of equality efficacious remedy by way of private, complaint. I am not persuaded to direct registration of criminal case. Petitioner may, if so advised, have recourse to other alternative remedy of filing private complaint, which if filed shall be decided on its own merit, irrespective of order passed by the learned Additional Sessions Judge, which has been passed on tentative assessment and without holding any regular trial. With these observations this writ petition is disposed of.
Cited by 1 case
- AMEER MAI vs JUSTICE OF THE PEACE, YAZMAN, and 3 others 2012 P Cr. L J 1082