Law: Criminal Procedure Code (V of 1898)

Section: 145,561A

Criminal Procedure Code (V of 1898)--- ---Ss. 145 & 561-A---Dispute concerning land likely to cause breach of peace---Complaint---Application for dismissal of complaint---Dismissal of application---Petition for quashing order of dismissal of application---Parties to the proceedings were real brothers inter se and a dispute over the property cropped up between the parties after death of their predecessor---Inheritance mutation of landed properties had also been attested in favour of the parties---Civil litigation between the parties with regard to their ancestral properties was also pending adjudication in the competent court of law---Petitioner had impugned two different sets of orders, one with regard to dismissal of their application for dismissal of complaint/proceedings under S.145, Cr.P.C.; and the other was against the attachment order of the properties passed by the Judicial Magistrate---Petitioner had applied for dismissal of complaint on the plea that dispute between the parties was of civil nature and there was no imminent danger of breach of peace, but their request was turned down by two courts below---Nothing was on record to suggest that parties were at the risk of breach of peace---Proceedings under S.145, Cr.P.C. would not be appropriate, rather it would amount to abuse of process of court---When one of the parties was in possession of joint property, then the recourse for the other party would not be under S.145, Cr.P.C. as it appeared from the main complaint under S.145, Cr.P.C. that one party in the complaint had admitted the possession of other party---Exercise of jurisdiction by the Judicial Magistrate, in the circumstances would amount to an unlawful exercise of jurisdiction and continuation of such proceedings would certainly amount to abuse of the process of court---Concurrent s of two courts below, were set aside and complaint under S.145, Cr.P.C. was dismissed. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, J.--- Through instant petition under section 561-A, Cr. P.C., the petitioners herein/second party in proceedings under section 145 Cr.P.C., before the Judicial Magistrate have impugned the concurrent findings with regard…

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