Petitioner seeks setting aside of order dated 16-07-2014 passed by learned Ex Officio Justice of Peace, whereby application under Section 22-A(6), Cr.P.C. filed by the petitioner seeking direction for registration of case against the proposed accused was dismissed.
2. Learned counsel for petitioner submits that from the contents of application commission of cognizable offence is made out, as at the time of execution of the alleged agreement Shahida Ghalib was not in Pakistan and the respondents by producing a forged lady got executed the said agreement, which needs investigation; civil and criminal litigation can go side by side; and while passing impugned order learned Ex-Of ficio Justice of Peace has not properly appreciated the material available before him; hence, impugned order is liable to be set aside and while accepting instant petition direction for registration of case against the private respondents may be issued.
2. On the other hand, learned Law Officer, while supporting the impugned order has vehemently opposed this petition.
3. Arguments decided and record perused.
4. From the perusal of application filed by the petitioner before learned Ex-Of ficio Justice of Peace, it appears that serious allegations have been levelled against the private respondents, as stance of the petitioner is that at the time of alleged execution of the agreement Shahida Ghalib, who was residing at Libya, was not present in Pakistan and the alleged agreement was prepare d through bogus signatures and thumb impressions of Shahida Ghalib, which needs thorough investigation.
5. From a bare reading of application filed by the petitioner before learned Ex Officio Justice of Peace, prima facie, commission of a cognizable offence is made out. Mere pendency of civil litigation or availability of remedy before the Civil Court cannot create any bar to launch criminal proceedings. Civil and criminal liabilities are entirely independent in nature and have no nexus with each other; hence, both the proceedings can go side by side.
Therefore, in the light of judgment passed by the Full Bench of this Court, reported as (PLD 1992 Lahore 178)
Muhammad Shafi versus Deputy Superintendent of Police (Malik Gul Nawaz) and 5 others ", this petition is accepted with direction that after registrat ion of case Investigating Officer shall firstly verify the fact that on the date of execution of alleged agreement Shahid a Ghalib was in Pakistan and then he shall investigate the matter on the other aspects of the case. However , during investigation, to the extent of the persons who are found innocent, the Investigating Officer will submit report for cancellation of case forthwith and he will proceed against the persons who are found guilty in accordance with law .