FEROZE DIN Versus K. M. MUNIR

1. SAJJAD AHMAD, J. ‑This order will dispose of Criminal Petitions for Special Leave to Appeal Nos. 30 and 31 of 1969, which are directed against the order of a Division Bench of the High Court of West Pakistan, whereby the petitioner's application under section 476 of the Criminal Procedure Code for lodging complaint against the respondents for their having made use of certain orders of allotment during the proceedings in the Court, which were allegedly forged, has been dismissed.

2. The petitioner and the respondents are rival contestants for transfer of an evacuee building situated in Gandhi Square, Lahore. The dispute was ultimately brought in the High, Court under Article 98 of the 1962‑Constitution and in the result it was remanded back to the Settlement Commissioner for a fresh consideration of the claims of all the contending parties.

3. The High Court has declined to initiate criminal proceedings against the. respondents as prayed for by the petitioner on the ground that it was inappropriate to start collateral proceedings which would hamper the main issue to be decided by the Settlement Commissioner, viz., the respective entitlements of the parties to the transfer of the disputed property.

4. Under section 476 of the Criminal Procedure Code, a prosecution is not to be launched as a matter of course for an and every offence alleged to have been committed in the course of judicial proceedings. A necessary requirement for such an action is that it must be taken in public interest and not allowed to be used as a handle in the hand of one party to wreak a private vengeance or satisfy a private grudge against the other party.

5. In the present case it cannot be said that the High Court in rejecting the petitioner's application has exercised its discretion arbitrarily to justify interference by this Court.

6. The petitions are dismissed.

7. Leave refused.