Lahore High Court quashed an FIR against a Revenue Officials due to Malafide Intent and Procedural Irregularities

Islamabad 23-12-2024: The Lahore High Court, in a significant ruling, quashed an FIR filed against Arshad Abbas, a revenue official, accused of preparing a fraudulent Tatima Shajra (land partition map) while serving as Halqa Patwari. Mr. Justice Asjad Javaid Ghural presided over the case and emphasized the Court’s constitutional role in preventing abuse of legal processes through investigations launched with malafide intent.

The [FIR, No. 13/2024], registered under Sections 409, 420, 468, 471, and 477-A of the Pakistan Penal Code (PPC) and Section 5(2) of the Prevention of Corruption Act, 1947, alleged that the petitioner unlawfully incorporated the complainant’s land into the land of co-accused through the preparation of a Tatima Shajra. The complainant also pursued a parallel civil appeal under Section 161 of the Land Revenue Act, 1967.

The Lahore High Court retains authority under Article 199 of the Constitution to quash FIRs initiated with malafide intentions or beyond jurisdiction. The Courts must ensure investigations are not arbitrary or driven by ulterior motives.

The case primarily revolved around land ownership, which is a civil matter. The Court emphasized that criminal proceedings cannot be initiated where a civil remedy is already being pursued. The petitioner’s actions aligned with these guidelines whereas the complainant’s unexplained delay of 11 months in lodging the FIR was deemed indicative of a fabricated narrative.

The Court noted the absence of allegations or evidence of bribery or corruption, reducing the case to a procedural irregularity that could be addressed departmentally.

The Court quashed the FIR, stating that allowing the investigation to proceed would constitute an abuse of the legal process.

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