MUHAMMAD ZAHID AYUBI vs THE STATE and another

ORDER

1. ' GHULAM DASTAGIR A. SHAHANI, J.---This Criminal Revision Application has been directed against the order dated 30-11-2007 passed by the Justice of Peace/ 1st Additional Sessions Judge Karachi, East in a Cr. Misc. Application No,1114 of 2007, whereby application was dismissed.

2. ' Brief facts of the case are that a Cr. Misc. Application was submitted under section 22-A read with section 25, Cr.P.C. With a Justice of Peace/Sessions Judge Karachi East for recording of F.I.R. Against Mst. Qamar Jahan widow of applicant's brother (Muhammad Shahid) who died issueless and was builder by profession, on the ground that she obtained false heirship certificate dated 22-4-2004 from one Naeem Ahmed said to be an Honourary Magistrate, to the extent that her husband Muhammad Shahid left behind not only Mst. Qamar Jahan, but also two sons namely Muhammad Sajid and Muhammad Shoaib. It is further alleged that prior to the submission df Cr. Misc.

3. Application, application was sent to S.H.O. Police Station Gulshan-e-Iqbal through courier service but all to no avail. However 1st Additional Sessions Judge Karachi East on receiving aforesaid Cr.

4. Misc. Application from the Court of Sessions Judge Karachi East, on 30-11-2007 dismissed the same, hence present Cr. Revision Application.

5. ' Syed Abdul Waheed learned counsel for the applicant mostly repeated same facts, as disclosed by him in memo. Of Cr. Revision Application. He further states that order passed by the 1st Additional Sessions Judge Karachi East is not proper and legal order, as she has not applied his judicial mind, else there was a sufficient material available on record on the basis of which application was to be allowed with direction to record the F.I.R. As she is responsible in a preparation of false heirship certificate and produced the same before civil Court, else above named Muhammad Sajid and Muhammad Shoaib Rajput were adopted sons of the deceased Muhammad Shahid and are real sons of the present applicant (Muhammad Zahid Ayubi). Learned counsel for the applicant admitted that prior to this F. I. R. No,423/2007 was also recorded by the present applicant against Mst. Qamar Jahan under sections 471/468/420/419/34, P.P.C. On the allegation that a false birth certificate was prepared by her.

6. ' On the other hand Mr. Fazlur Rehman learned State counsel states that on similar facts and grounds F. I. R. No,423/2007 is already registered against Mst. Qamar Jahan widow of Muhammad Shahid real brother of the applicant. Application under section 22-A read with 25, Cr.P.C. Is moved with mala fide intention in order to create a harassment for the widow, nothing else and supported the order passed by the 1st Additional Sessions Judge Karachi East, to be a legal and proper order.

7. ' Heard Syed Abdul Waheed learned counsel for the applicant, as well as to Mr. Fazalur Rehman learned State counsel and with their assistance perused the material available on record including contents of the application and impugned order dated 30-11-2007 passed by the Justice of Peace/ 1st Additional Sessions Judge Karachi East very carefully and found that No,423/07 under sections 471/468/420/419/34, P.P.C. Was registered against the proposed accused namely Mst. Qamar Jahan (widow of Muhammad Shahid real brother of the applicant), in compliance of the order passed by Justice of Peace/1st Additional Sessions Judge Karachi East in a C.M.A. No,576/2007, on allegation that she obtained false birth certificate in order to produce in a C.M.A. No,83/04, whereas subsequent application dismissed by the Justice of Peace/1st Additional Sessions Judge Karachi East moved on the ground that she has obtained a false heirship certificate from Honorary Magistrate and is produced in a civil suit pending between the parties. Even otherwise genuineness of the certificate is to be determined by the civil Court, being disputed question and Justice of Peace has nothing to do, as prima facie he has only to see whether cognizable offence is made out and summarily decide, even report is not necessary to be called from S.H.O. And at this stage no observatibn can be made being premature, and if civil Court come to the conclusibn that heirship certificate if any produced by the widow (Mst. Qamar Jahan) is forged and managed document, remedy is available for the applicant and he can avail as and when required, subject to limitation.

8. However without touching merits of the order dated 13-11-2007 passed by 1st Additional Sessions Judge Karachi, it is observed that matter is already sub judice before civil Court and issuance of direction will create unnecessary litigation.

9. ' As such Cr Rev. Application No,05/2008 was dismissed, by a short order dated 25-9-2008.

10. ' These are the reasons for short order dated 25-9-2008.