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MST. RAZIA SULTANA versus SUPERINTENDENT OF POLICE


Sections Pakistan2020, 8 468 and 1 471 Constitution of Pakistan (1973), Article 199 FIR petitioner's constitutional application was dismissed by the person who dismissed the FIR filed against him, He sold the land, with the accusation that he is a lawyer resident. The defendant and the applicant have forged a false case in respect of the land in the dispute in favor of the co-accused's association, and likewise the applicant had committed a fraud and in respect of the property in the dispute between the parties. Civil litigation was under trial. The civil court said that whether the case was registered in favor of the petitioner against Habibah or not, the case was registered under the order of the Sub-Registrar, but the order was fixed by the said District Officer (Revenue), Although criminal and civil proceedings in general may proceed independently, the title of the present case between the parties concerned in the dispute was well known to the civil court and the complainant that he could not survive. And the criminal case was registered, the sub-registrar was moved and an order was issued which the higher authorities ordered to allow the FIR or proceeding on the basis of the sub-registrar's order, to allow the court's petition. There was a clear misuse of the process, along with the action against the FIR, as well as the action the applicant registered against it under Sections 420, 448 and 471, PPC.

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