IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Civil Petition No.69-Q of 2015  
(Against the judgment dated 04.02.2015 passed by the High Court of 
Balochistan in C.P. No.631/2014)  
 
 
 
Jamal Khan 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
Secretary Home Department 
…Respondent(s) 
 
 
For the Petitioner(s): 
Mr. Abdus Saleem Ansari, ASC 
 
Mr. Manzoor Ahmed Rehmani, ASC 
 
 
For the Respondent(s): 
N.R. 
 
Date of hearing: 
09.09.2020. 
 
ORDER 
 
              Qazi Muhammad Amin Ahmed, J.- Jamal Khan, petitioner, 
is in contest over a piece of land with rival claimants; they relied upon 
an arbitration agreement, purportedly executed way back on 2.2.2000; 
according to him, the instrument is fake as he never thumb marked 
any such agreement and, thus,  the respondents were liable to be 
prosecuted for forgery and fraud. After his failure with the local police, 
the petitioner approached a Justice of Peace albeit with no better fate; 
a learned Division Bench of the High Court of Balochistan declined to 
issue a direction for registration a criminal case on the ground that 
prima facie the dispute inter se the parties was of civil nature as both 
sides were asserting their divergent claims on a common land. 
Inordinate delay and availability of alternate remedies were other 
considerations that weighed with the High Court.  
2. 
 
 Learned 
counsel 
for 
the 
petitioner 
contends 
that 
accusation disclosed commission of a cognizable offence and as such a 
statutory duty was cast upon the Station House Officer to register a 
Civil Petition No.69-Q of 2015 
2
formal First Information Report so as to investigate the same and his 
failure was amenable to interference.  
3. 
 
Heard. 
4. 
 
Be that as it may, at the center of controversy is a thumb 
impression on an arbitration agreement being attributed to the 
petitioner, however, repudiated by him as forge. Report submitted by 
the police does not support petitioner’s claim and there is consensus 
that both sides are locked in a dispute of civil nature. Against the 
above peculiar backdrop, refusal by the Justice of Peace to issue 
direction to the Station House Officer and non-interference by the High 
Court therewith do not suffer from any jurisdictional error or flaw 
calling for intervention by this Court. Petition fails. Leave declined.    
 
 
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
9th September, 2020 
Not approved for reporting 
Azmat/- 
