IQBAL HAMEED-UR-RAHMAN, C.J.---Through the instant Constitutional Petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner has made the following prayer:- "In the light of above mentioned circumstances, it is, therefore, respectfully prayed that the impugned order may kindly be set aside and respondent No,5 may kindly be directed to register F.I.R. Against fraudulent persons i,e, respondents Nos.2 to 4 in the best interest of justice."
2. Precisely, the facts, as mentioned in the instant writ petition are that the petitioner moved an application under section 22-A, Cr.P.C. Before respondent No,1, whereby, he sought registration of a criminal case against respondents Nos.2 to 4 on the stance that respondents Nos.2 to 4 got sanctioned a mutation of gift No, 3734 on the basis of forged and fake thumb impression/signature of the petitioner and thus, deprived him from his valuable rights. The learned Justice of Peace/respondent No,1 passed an order dated 3-6-2010, whereby, he directed FIA, Islamabad Circle to summon the petitioner, procure original record of gift, secure fresh thumb impression of the petitioner along with signature and send the same for comparison with the alleged fictitious thumb impression of the petitioner available on the back of mutation of gift and if the thumb impression on the back of mutation of gift as well as in the revenue record are proved as fictitious and fabricated, then register F.I.R. Against the delinquents. Respondents Nos.2 & 3 challenged the said order dated 3-6-2010 passed by the learned Justice of Peace before the Hon'ble Lahore High Court; Rawalpindi Bench, Rawalpindi, through Writ Petition No,2487/2010 and the Hon'ble Lahore High Court, Rawalpindi Bench, Rawalpindi vide order dated 7-7-2010, set aside the order dated 3-6- 2010 passed by the learned Justice of Peace and remanded the case to the learned ASJ/Justice of Peace for decision afresh in accordance with the provisions of sections 22-A and 22-B, Cr.P.C. The petitioner moved fresh application before the learned ASJ/Justice of Peace Islamabad, however, said application of the petitioner was subsequently dismissed by the learned Justice of Peace vide order dated 27-7-2010 on the ground that civil suits are pending before the Civil Courts of Islamabad, regarding mutation No,3734, which was attested as far back as 31-1-1996 and the said mutation found its way in the "register of record of rights, therefore, the civil court which has the plenary jurisdiction would be in a better position to take any punitive action against the delinquents, hence the instant writ petition.
3. Learned counsel for the petitioner argued that the learned ASJ/Justice of Peace failed to follow the law and dictums of the superior courts on the subject; that the impugned order is not a speaking order, which, too, has been passed without considering the material facts and the impugned order passed by the learned Justice of Peace is based on misreading and non-reading of evidence available on record. Learned counsel for the petitioner further argued that the learned Justice of Peace has erred while holding that as the civil suits in respect of mutation No,3734 are pending in the civil court, therefore, the civil court would be in a better position to take any punitive action, because it is settled principle of law that civil as well as criminal proceedings can run side by side and mere pendency of a civil suit does not formulate a foundation to block the initiation of criminal proceedings, if commission of a cognizable offence is proved.
4. Conversely, learned Deputy Attorney-General assisted by learned counsel for respondents Nos.2 to 4 argued that the learned Justice of Peace had passed the order dated 27-7-2010 after taking into consideration the pendency of civil suit relating to the mutation of Gift No,3734; that the impugned order passed by the Justice of Peace does not suffer from any illegality or irregularity and is quite in accordance with law; that keeping in view the facts and circumstances of the case, direction for registration of F.I.R. Against respondents Nos.2 to 4 cannot be passed. Learned Deputy Attorney- General,' assisted by learned counsel for respondents Nos.2 to 4 has prayed for dismissal of the writ petition.
5. I have heard the learned counsel for the petitioner as well learned Deputy Attorney-General assisted by learned counsel for respondents Nos.2 to 4 and perused the record appended with the instant petition.
6. From the perusal of the record made available on the file, it is evident that the learned Justice of Peace vide impugned order dated 27-7-2010 had observed that as the matter in respect of mutation No,3734 which was attested as far back as 31-1-1996 is pending before the Civil Court, Islamabad therefore, the Civil Court, venerated with plenary jurisdiction would be in a better position to take any punitive action. It is a settled principle that mere pendency of civil suits does not bar the registration of a criminal case against the delinquents, if a cognizable offence is committed. Reliance in this regard is placed on the Judgment reported as Haji Sardar Khalid Saleem v. Muhammad Ashraf and others (2006 SCM R 1192) wherein it was held that:-- ---Civil and Criminal proceedings-Criminal proceedings were not barred in presence of civil proceedings and civil and criminal proceedings could be proceeded simultaneously."
The photocopy of application (appended with the petition as Annexure-E) dated 6-5-2010, which the petitioner had submitted to the SHO, Police Station Sihala, Islamabad shows that the petitioner in the said application had categorically mentioned that his signature and thumb impression on the mutation No,3734 are fake and even names and signatures of witnesses of the said mutation are not available in the record of the said mutation lying with the Halqa Patwari, whereas, in the record of revenue department of ICT, signatures of two persons namely Muhammad Riasat and Ameer Ahmad,.As witnesses are available on the mutation No,3734, however, signatures of the owner of the land (petitioner) are not available on the said mutation, hence, inference can safely be drawn that prima facie, a cognizable offence has been committed by respondents Nos.2 and 3 and as such, they have deprived the petitioner from his valuable right. The allegations levelled by the petitioner, require thorough investigation. The impugned order of Justice of Peace dated 27-7- 2010, that the civil court, adored with plenary jurisdiction would be in a better position to take any punitive action, was not in accordance with law and is without any legal backing. Complainant, who had alleged the commission of a cognizable offence has the right that his allegations should be recorded under section 154, Cr.P.C. And at the same time had the right that his allegations be investigated and taken to their logical end and he could not be asked to wait for the punitive action of the civil court. The order dated 27-7-2010 passed by the learned Justice of Peace is not maintainable under the law. Learned Justice of Peace while passing the impugned order dated 27- 7-2010 has not taken into consideration the facts and circumstances of the case as well as the law on the subject. Hence, the impugned order dated 27-7-2010 passed by the learned Justice of Peace being devoid of any legal force is liable to be struck down.
7. In view of the above perspective, the impugned order. Dated 27-7-2010 passed by the learned Additional Sessions Judge/Justice of Peace, Islamabad is hereby set aside. The instant writ petition is accepted and SHO Police Station Sihala, Islamabad is directed to register an F.I.R. Against the accused persons on the basis of application dated 6-5-2010 filed by the petitioner.