' This is an application under section 3 of the Contempt of Court Act, 1976, read with. Sections 190 (1)
(a) (c) and 561-A, Criminal Procedure Code (V of 1898), for initiating proceedings against respondent No,1 under section 471 read with section 465, P.P.C. (XLV of 1860)
2. Mr. M. Farani learned counsel for the petitioner submits that the first respondent earlier filed Writ Petition No,601-R/1981 which was, however, withdrawn with a view to approach in the first instance, the Settlement Authorities for the redress of his grievance by order, dated 4-11-1981. It is submitted that the writ petition was accompanied by uncertified copy of the allotment order and the transfer order. Both these documents have been found to be bogus by the Settlement Authorities vide Annexures 'C' and 'E', therefore, proceedings against first respondent be ordered to be initiated under the aforesaid provisions of law. In support of his contention, reliance was placed on State v.
Muhammad Shabbir 1983 .P Cr. L J 2405 wherein it was held that filing of forged documents in support of the writ petition is cognizable by the High Court and punishable under sections 471 and 465, P.P.C., in the exercise of Constitutional jurisdiction. Reliance was aso placed on the unreported judgment of the Supreme Court in Ghulam Qadir v. The State (Criminal Petition for Leave to Appeal No,19 of 1980).
3. The authorities cited by the learned counsel for the petitioner at the Bar are distinguishable. In the present case, no advantage whatsoever, was obtained by respondent No,1 by filing the documents purported to be forged. He merely withdrew the writ petition with a view to approach the Settlement Authorities for the redress of his grievance.
4. Be that as it may, without expressing any opinion on the genuineness or otherwise of the aforesaid documents, this is not a fit case for initiating proceedings against respondent No,1 by this Court. This shall not, however, prejudice the right of the petitioner to avail other remedies, if available to him under the law.
' With these observations, the petition is disposed of.