The complainant (applicant) complained of the principles of civil and criminal proceedings of prosecution harmony for some of the offenses relating to the documents provided in Sections 22A, 22B, 154, 195 and 476 of the Constitution of Pakistan, Article 199 Constitution. Filed a petition in front of Offense, accusing him. The brother (defendant), in association with a dealer, made a fake memorandum gift from his deceased father and thus deprived him of his share in his father's inheritance, the Justice of Peace complained. The complainant believed that the commission of a cognizable offense had been constituted against the accused, therefore, Justice of Peace was allowed to refuse to issue directions to the Station House Officer (SHO). Was not presented, pending a civil suit related to the distribution of property between the parties. , And an allegedly fabricated memorandum was allegedly produced in the aforementioned suit. The gift case was under consideration by a civil court where evidence of its execution and other matters related to the recording of evidence by the court. It will be decided later, therefore, at the present stage it was not appropriate that the criminal machinery be brought into motion, civil and criminal cases could proceed. Side by side, however, priority should be given to avoiding the collision of decisions under which civil matters do not demand any interference by the Court of Justice. The constitutional application was dismissed, accordingly.
Related judgments — Lahore High Court Lahore, 2012
