' MUHAMMAD MUZAMMAL KHAN, J.---Instant constitutional petition challenged registration of criminal case vide F.I.R. No.175 dated 30-8-2001 under sections 420, 467, 468 and 471 P. P.0 . , registered with Police Station, Kotwali, Faisalabad, and prayed its quashment, on the grounds that the order dated 30-8-2001 by the District Magistrate directing inquiry in result of which the case was registered, was earned through concealment of facts and that the petitioner committed no cognizable offence.
2. Succinctly, relevant facts as deciphered from the petition in hand, are that respondent No.2 on 11- 11-1996 filed a suit on behalf of Zahid Hussain etc. As their attorney which was pending before the learned Civil Judge at Faisalabad, when he filed constitutional petition (W.P. No.635I of 2001) before this Court, concealing the pendency of civil litigation between the parties and successfully obtained an order for registration of a criminal case., on 15-6-2001. The petitioner felt aggrieved of direction by this Court for registration of case, filed a review petition (R.A. No.116 of 2001) which was accepted on 15-8-2001 and earlier order dated 15-6-2001 disposing of writ petition with a direction to register a criminal case, was recalled.
3. Dispute of exchange of land between the parties led to filing of another suit for declaration and cancellation of Exchange Deed No.8239 dated 9-10-1996 allegedly executed on the basis of fake general power of attorneys of the owners, i.e. Defendants Nos.1 to 3 in the suit in favour of Zahid Hussain etc. On 23-10-1995. It was prayed in the suit that they may be declared owners in possession of the suit-land and defendants therein may be restrained through permanent injunction, from interfering in his possession. This suit is pending since 23-1-2000, before the learned Civil Judge, at Faisalabad. During above referred suits, respondent No.6 moved an application before the District Magistrate, Faisalabad, on 30-8-2001 praying registration of a criminal case against the petitioner and respondents Nos.7 to 20 with the allegation that they manoeuvred the transfer of land on the basis of fake and fictitious power of attorneys. District Magistrate directed inquiry from the Illaqa Magistrate in result of which a criminal case vide F.I.R.
No.175, as detailed above, was registered.
4. I have heard the learned counsel for the parties and have examined the rec,'ord appended herewith. Undisputedly, the order dated 25-6-2001, in Writ Petition No.631 of 2001, by this Court was obtained out of concealment of facts and thus was reviewed on 15-8-2001 on a ,Review Petition No.116 of 2001, recalling the order of registration of case. Likewise, application before the learned District Magistrate though was not competent after recalling of order directing registration of criminal case yet the Same was also tainted with same :14:gal exercise. Of concealment of facts.
Clipping aside all this mala fide exercise by the complainant, proceedings under criminal case vide F.I.R. No.175 dated 30-8-2001 under sections 420, 467, 468 and 471 with Police Station Kotwali, Faisalabad, with the allegation that fake power of attorneys led to execution of exchange deed, is subject to scrutiny by the civil Court cognizant of the suit referred in the factual part of this judgment. Civil Court being the Court of ultimate jurisdiction, is the only legal forum to determine the validity or otherwise and execution or non-execution of any document where the contesting parties have already availed their respective right to prove their cases, hence, dispute touching the power of attorneys in-question being sub judice before the civil Court, criminal proceedings cannot be permitted to continue, equipping the police to decide the fate of the same documents, out of preemptory exercise of powers which also do not vest in them under law. The Honourable Supreme Court in the cases of Muhammad Azam v. Muhammad Iqbal and others (PLD 1984 SC 95) and Abdul Haleem v. The State and others (1982 SCM R 988), in similar circumstance, stayed the proceedings in criminal case till some final verdict by the civil Court.
5. This Court was informed that proceedings in the suit by the respondents for adjudgment of exchange deed executed by the alleged fake general attorney, have already concluded and now the case is ripe for final hearing. In the given circumstances of this case, and in light of the mandate of the Honourable Supreme Court in the judgments referred above, it appeared appropriate that instead of quashing the criminal case as per prayer of the petitioner, proceedings thereunder be made subject to final verdict, of the civil Court, whereunder if the power of attorney is held to be fake/fictitious, F.I.R. No.175 dated 30-8-2001 will have its legal course, otherwise it will die its natural death under the judgment of the civil Court.
6. For the reasons noted above, instant petition is partly accepted and proceedings under F.I.R.
No.175 dated 30-8-2001 under sections 420, 467, 468 and 471, P.P.C. Registered with Police Station, Kotwali, Faisalabad, are stayed and are made subject to decision by the Civil Court cognizant of the suit of the respondents and as regards prayer of quashment of the case, the same is declined.
There will be no order as to costs.
Proceedings stayed.