' The petitioner Muhammad Saeed has moved this petition under section 561-A, Cr.P.C. For the quashment of proceedings in a case titled State v. Muhammad Saeed under section 420/468/471, P.P.C. Pending in the Court of Assistant Commissioner City, Lahore.
2. On 17-8-1987, notices were sent to the respondents for their appearance today before this Court.
Mian Nusratullah, learned Additional Advocate-General, Punjab, is present, in compliance with the order of the Court. Learned counsel for the petitioner submitted that criminal proceedings pending before the learned trial Court are patently without jurisdiction inasmuch as no properly constituted complaint as required by law was presented before the trial Court. Further, it is forcefully submitted by the learned counsel that civil suit pertaining to the same controversy is pending adjudication in the Civil Court. In view of the pendency of the civil suit criminal proceedings cannot continue as required by law. The learned Additional Advocate-General has submitted that there is no bar in the continuation of the criminal proceedings side by side with the civil suit.
3. I have heard learned counsel for the parties at considerable length. The agreement between the learned counsel for the parties is that some direction may be issued to the learned Civil Court so that the civil suit pending before him is decided one way or the other. The learned Civil Judge who has taken cognizance of the civil suit, is hereby directed to finally dispose of the civil suit within a period of one month positively without fail. Both the parties are satisfied with this observation.
4. The criminal proceedings in the case in hand shall continue but no final order shall be passed in the meantime. With this observation, this petition is accordingly dismissed.