' On the basis of an agreement of sale Mst. Kaneez Bibi writ petitioner instituted her suit on 7-9-1992 before the learned Civil Court at Jhang against Noor Muhammad respondent No,2 and obtained an ex parte judgment and decree on 4-3-1993. Noor Muhammad respondent No,2 has got registered Crime Case No, 418, dated 9-10-1999 at Police Station City Chiniot, District Jhang under sections 420, 468 and 471, Pakistan Penal Code with the allegation that by preparing the forged documents of security and playing the fraud Mst. Kaneez Bibi procured the ex parte decree.
2. Mst. Kaneez Bibi has filed this writ petition for the quashment of the F.I.R., on the ground that in the presence of the ex parte judgment and decree, dated 4-3-1993 she cannot be made to go through the ordeal of criminal litigation and that the remedy of Noor Muhammad respondent (judgment- debtor in the civil suit) is to move the learned Civil Court for setting aside the ex parte decree.
3. The comments have been submitted by the Superintendent of Police, Jhang who specifically supported the writ petitioner by expressing that the police has no authority to register the case as the setting aside of the ex parte judgment and decree is within the domain of the Civil Court. He expressed about the issuance of his direction to the S.H.O., Police Station City Chiniot, District Jhang for the cancellation of the case and particularly mentioned that necessary disciplinary proceedings were being initiated against the Police Officer. In the written statement Noor Muhammad respondent No,2 admitted the institution of the suit, passing of the ex parte judgment and decree and pendency of his petition for setting aside the same. However, he took up the stand that he reported the matter to the police as a cognizable offence had been committed through the initiation of theforged and fictitious agreement of sale and receipt said to have been executed on 21-2-1990.
4. The comments submitted by the police and 'the reply are treated as the written statement.
5. I have heard the learned counsel for the parties as well as learned A.A.-G. And gone through the record before me. Learned counsel for the petitioner referred to the comments sent by the Superintendent of Police, Jhang and argued that due to the order passed by the Superintendent of Police, Jhang about the cancellation of the F.I.R., the same is to be quashed. Learned A.A.-G. Did not contest this petition. However, learned counsel for the respondent No,2 expressed that the investigation of the case may be stopped and an order may be passed for the early disposal of the application filed by the complainant/respondent No,2 for setting aside the ex parte judgment and decree.
6. I would express that it is a case of transgression of authority on the part of the S.H.O., Police Station City Chiniot who in the presence of the judgment and decree passed by the learned Civil Court of competent jurisdiction questioned the same through the registration of the criminal case.
Unfortunately the trend of the registration of such type of criminal cases pertaining to civil disputes is increasing alarmingly and it has laid down the foundation of worsening of law and order situation as the police is not performing its duties in accordance with law. When the matter was brought to the notice of Superintendent of Police, Jhang he scrupulously conceded thereof. There is no justification to stop the investigation of the case and to pass the order for the early disposal of the dispute pending before the learned Civil Judge. The law has to take its course. Noor Muhammad complainant/ respondent No,2 obtained the assistance of the S.H.O., Police Station City Chiniot, District Jhang with mala fides and the F.I.R., has to fall on the ground like a house of cards
7. For what has been said above, I accept this writ petition and quash F.I.R.' No,418 registered on 9- 10-1999 at Police Station Chiniot, District Jhang under sections 420, 468 and 471, Pakistan Penal Code.
8. Before parting with this judgment I deem it proper to issue a note of warning to the Police Officers not to indulge in the matters of the registration of such type of cases. Such a working comes within the ambit of the contempt of the Civil Court. It is also proper to express that good governance can materialise if the respect is shown to the law of the land.