SHAHID HAMEED DAR, J.---Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question order dated 5.12.2014, whereby learned judicial magistrate section 30, Pakpattan Sharif dismissed a private-complaint- case under section 203, Cr.P.C., having been filed by Muhammad Irshad (petitioner) under sections 420, 467, 468, 471, P.P.C. against Mazhar Iqbal, Nazar Muhammad, Rasheed Ahmad, Muhammad Waheed, Muhammad Shafique, Bashir Ahmad And Muhammad Hussain (respondents Nos.1 to 7), holding it untenable. He is equally aggrieved of judgment dated 25.5.2015, whereby learned Additional Sessions Judge, Pakpattan Sharif dismissed a revision petition, which he instituted against the aforesaid order of the learned trial court.
2. Precisely, the facts leading to filing of this petition are that Muhammad Irshad (petitioner) accused respondents Nos.1 to 7 of having deprived Mst.Waziran Bibi of her hereditary rights as to property, bequeathed by her "son" Muhammad Rafique, by getting mutation No.811 attested in their favour on 13.11.2013 And he filed a complaint-case against the said respondents, which after inquiry under section 202, Cr.P.C. was dismissed by the learned trial court under section 203, Cr.P.C.,; the petitioner's revision-petition directed against the order of the learned trial court also met the same fate as is manifest from order dated 25.5.2015 passed by the learned Additional Sessions Judge, Pakpattan Sharif. Hence, the instant petition.
3. Learned counsel has submitted that private-complaint has been filed by the petitioner against respondents Nos.1 to 7 containing believable allegations, well-supported by the revenue record And the cursory statements of Muhammad Irshad (petitioner), Muhammad Abbas And Muhammad Hussain, but learned trial court did not deal with the matter wisely And showed no legal acumen when it dismissed the complaint implausibly; the pedigree-table attached with the forged mutation categorically revealed that respondents Nos.1 to 5 had shown their mother Mst.
Waziran Bibi dead, despite she was alive And they did so to usurp entire bequest of their father Muhammad Rafique; Bashir Ahmad (respondent No.6) And Muhammad Hussain (respondent No.7) actively abetted respondents Nos.1 to 5 in committing the offence of fraud And forgery, by testifying the said mutation as pattidars; the petitioner is, though not directly aggrieved by the offensive act of the respondent-accused, yet, he like Any other conscientious citizen, could inform the police or file a private complaint against the respondent-accused as they had committed a non-bailable offence; the impugned order of the learned trial court And impugned judgment of the revisional court are equally defective being not based on Any worthwhile reasoning, therefore, they may be set aside And learned trial court may be directed to proceed with the complaint-case of the petitioner.
4. After hearing the learned counsel for the petitioner and perusing the available record including the impugned order as well as the impugned judgment, it is straightaway observed that private- complaint filed by the petitioner has been justly And lawfully dealt with by both the learned courts below for, it being based on frivolous And silly allegations, was not worth a lis, to be kept on file Any longer, as An impending' item. It appears to have been spurned as a ridiculous case by both the learned courts below And rightly so. Muhammad Irshad (petitioner) is nothing to Mst.Waziran Bibi nor to respondents Nos.1 to 7 And he ventured into the said litigation unjustifiably. Mst.Waziran Bibi, the petitioner has been striving for whose interest, was not named as a witness by him in the said complaint-case. Without the alleged victim being in picture, how could the petitioner raise the plea that a damaging act towards the said person, had been committed by the respondent-accused.
The learned trial court as well as the learned revisional court have covered up the most relevant And crucial fact, leading to dismissal of the complaint-in-issue, which relates to statement of Mst.Waziran Bibi, she tendered before the learned civil judge, Pakpattan Sharif on 18.3.2014, in a declaratory suit filed by Mazhar Iqbal And others (respondents No.1 to 5 herein) And their mother Mst.Rani Bibi, against her, whereby she contended that Muhammad Rafique, the Ancestor of Mazhar Iqbal And others And his sister Mst.Rafigan Bibi had been delivered by Mst.Ziyarat Bibi alias Mst.Waziran Bibi, who was the wife to Mirza Khan, the paternal-grandfather of respondents Nos.1 to 5 And not by her; she had not been married to Mirza Khan (late), therefore, she was not entitled to inherit his property; mutation No.811, dated 12.11.2013 had been correctly And lawfully attested; she maintained that she would withdrew her application from the court of DCO, Pakpattan Sharif, which she had filed for revision of the said mutation; she had compounded the matter with the plaintiffs And received Rs.10,00,000/- from them with Rs.2,00,000/- still receivable; she had no objection if the plaintiffs suit might be decreed in their favour. In view of her statement, the learned civil judge, Pakpattan Sharif decreed the said suit in favour of the plaintiffs on 24.3.2014.
5. The petitioner may be a lawful And dutiful citizen of Pakistan, but he certainly does not enjoy Any such right whereby he may get a frivolous and malicious case lodged with the police or file a privatecomplaint-case before a court of law, on behalf of a person, envisaging therein that some wrong had been done to the said person by certain individuals, whence it was not so believed by the said person nor he intended to wage a legal war against Any. The petitioner may have felt defeated in the entire 'game-plan', having got nothing out of the reconciliation between the plaintiffs And the defendant-lady in the said declaratory suit. The complaint-case of the petitioner may have enlivened, had Mst.Waziran Bibi shown cooperation And volunteered to become a witness to it, but it did not happen as such. Without Mst.Waziran Bibi as a witness, the complaint- case of the petitioner was like a dead horse, who ought to have been disposed of as immediately as possible before it emitted the stench. The learned trial as well as the learned revisional court have delivered judicious verdicts, based on sound reasons, hence, need not to be interfered with.