1970 S C M R 10

Present : Hamoodur Rahman, C. J., Muhammad Yaqub Ali and Sajjad

Ahmad, JJ

Ch. FEROZE DIN-Petitioner

versus

DR. K. M. MUNIR AND ANOTHER-Respondents

Petitions for Special Leave to Appeal Nos. 30 and 31 of 1969, decided on 7th
July 1969.

(On appeal from the judgment and orders of the High Court of West Pakistan,
Lahore, dated the 3rd December 1968, in Criminal Miscellaneous No. 6060 of
1968 and Criminal Miscellaneous No. 6061 of 1968).

Criminal Procedure Code (V of 1898), S. 476-Action under section not to, be

launched as a matter of course-Such action taken in public interest and not for
satisfaction of private grudge or wreaking a private vengeance.

Under section 476 of the Criminal Procedure Code, a prosecution is not to be

launched as a matter of course for any and every offence alleged to have been
committed in the course of judicial proceedings. A necessary requirement for
such an action is that it must be taken in public interest and not allowed to be
used as a handle in the hand of one party to wreak a private vengeance or satisfy
a private grudge against the other party.

Petitioner in person.

Nemo for Respondents.

Date of hearing : 7th July 1969.

JUDGMENT

SAJJAD AHMAD, J.-This order will dispose of Criminal Petitions for Special
Leave to Appeal Nos. 30 and 31 of 1969, which are directed against the order of
a Division Bench of the High Court of West Pakistan, whereby the petitioner's
application under section 476 of the Criminal Procedure Code for lodging
complaint against the respondents for their having made use of certain orders of
allotment during the proceedings in the Court, which were allegedly forged, has
been dismissed.

The petitioner and the respondents are rival contestants for transfer of an
evacuee building situated in Gandhi Square, Lahore. The dispute was ultimately
brought in the High, Court under Article 98 of the 1962-Constitution and in the
result it was remanded back to the Settlement Commissioner for a fresh
consideration of the claims of all the contending parties.

The High Court has declined to initiate criminal proceedings against the.
respondents as prayed for by the petitioner on the ground that it was
inappropriate to start collateral proceedings which would hamper the main issue
to be decided by the Settlement Commissioner, viz., the respective entitlements
of the parties to the transfer of the disputed property.

Under section 476 of the Criminal Procedure Code, a prosecution is not to be

launched as a matter of course for an and every offence alleged to have been
committed in the course of judicial proceedings. A necessary requirement for
such an action is that it must be taken in public interest and not allowed to be
used as a handle in the hand of one party to wreak a private vengeance or satisfy
a private grudge against the other party.

In the present case it cannot be said that the High Court in rejecting the
petitioner's application has exercised its discretion arbitrarily to justify
interference by this Court.
The petitions are dismissed.

Leav
e refused.