MUHAMMAD SULEMAN Versus STATION HOUSE OFFICER, POLICE STATION CIVIL LINES, GUJRANWALA

IRSHAD HASAN KHAN, J. --- The appellant sought registration of a case against one Muhammad Akbar who allegedly executed an agreement to sell the disputed land in consideration of Rs. 22 lacs per acre out of which he allegedly received Rs. 10 lacs as earnest money. It is alleged that subsequently it transpired that Muhammad Akbar was not owner of the disputed land as it stood in the name of his father. The learned Single Judge, however, declined, to exercise his discretionary Constitutional jurisdiction having regard to the facts and circumstances of the present case with the observation that the appellant may file a complaint, if so advised.

2. The case of the appellant is that the accused having committed a cognizable offence and as such it is the statutory duty of the respondent to have registered a case against him.-The contention is devoid of any force. The learned Judge, after considering the case, declined to exercise the discussion on the ground that adequate remedy by way of lodging a private complaint is available to the appellant for redress of his grievance. No exception can be taken to the observation made by the learned Judge. The appeal, therefore, fails and is hereby dismissed with no order as to costs.

N.H.Q./M-1801/L Appeal dismissed