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Petitioner: ZAHOOR AHMAD VS Respondent: EXECUTIVE MAGISTRATE
2001 P Cr
2001 P Cr. L J 745
[Peshawar]
Before Mian Shakirullah Jan and Talat Qayum Qureshi, JJ
ZAHOOR AHMAD and others---Petitioners
Versus
EXECUTIVE MAGISTRATE and others---Respondents
Writ Petition No. 1142 of 2000, heard on 17th January, 2001.
Penal Code (XLV of 1860)---
----Ss. 419/420---Constitution of Pakistan (1973), Art.199---Constitutional petition---Criminal proceedings---Competency of---Complainant in her application filed before Executive Magistrate/Incharge Complaint Cell, alleged that mutation of land owned by her had, been fraudulently got attested by petitioners on her behalf---Magistrate conducted inquiry into the matter, cancelled the mutation and directed complainant to lodge F.I.R. against the petitioners under Ss.419/420, P.P.C.---Complainant had already instituted civil suit in which she had challenged the validity of the mutation---Dispute between the parties being of civil nature, Magistrate had no jurisdiction to entertain the application of complainant---Orders passed by Magistrate were declared to be illegal by High Court in exercise of Constitutional jurisdiction.
Gul Sadbar for Petitioners.
Attique Shah for Respondents.
Date of hearing: 17th January, 2001.
JUDGMENT
MIAN SHAKIRULLAH JAN, J.--- Zahoor Ahmad Khan etc. have filed this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, for declaring the order of respondent No. 1 as illegal, without lawful authority and of no legal effect.
2. Brief facts of the case which compelled the petitioners to file this petition, according to the petition, are that Mst. Niaz Parwara, respondent No.2, filed an application before Executive Magistrate/Incharge Complaint Cell, respondent No. 1, to the effect that she is owner of landed property measuring 40 Kanals, 2-1/2 Marlas situated at Taibana Maira Turangzai and Mutation No. 1622, dated 29-8-1982 was fraudulently attested on her behalf; that respondent No. 1 proceeded in .the matter, summoned the petitioners, conducted inquiry into the matter and cancelled Mutation No. 1622 and further respondent No.2 was directed to lodge F.I.R. against the petitioners under sections 419/420 and 182, P.P.C.
3. We have heard the learned counsel for the parties and perused the file.
4. In this case the dispute between the parties is of civil nature and the Executive Magistrate has no jurisdiction to entertain the application of respondent No.2. The respondent No.2 has already instituted a civil suit in the Court of Civil Judge, Charsadda, in which she has challenged the validity of the same mutation i.e. Mutation 1622, which is pending Adjudication. Keeping in view the legal position, this writ petition is accepted, the impugned order, dated 15-9-2000, passed by respondent No. 1 is declared illegal, without lawful authority and of no legal effect. No order as to costs.
H.B.T./227/P Petition accepted.