Law:

Section:

Criminal Procedure Code (V of 1898), Ss. 145 & 146­Magistrate in proceeding under S. 145 finding none of parties to be in possession of disputed property-Magistrate bound to proceed in terms of S. 146(1). Muhammad Shafi, Senior Advocate instructed by M. Qasim Imam, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing : 16th December 1972. ORDER ANWARUL HAQ, J.-This petition for special leave to appeal is directed against an order made by a learned Single Judge of the Peshawar High Court on the 12th of August 1971, on a reference made by the learned Sessions Judge of Peshawar under section 438 of the Code of the Criminal Procedure, recommend­ing that an order made by a learned Magistrate of the 1st Class at Charsadda on the 26th of October 1970, in proceedings under section 145 of the Cr. P. C. be set aside. The reference has been accepted by the High Court and while setting aside the order of the learned Magistrate it has been directed that he should proceed in accordance with section 146(1) of the Code. The proceedings under section 145 of the Code were started on the basis of a report made on the 15th of March 1970, by Abdul Malik son of respondent No. 2 Abdul Gbafoor to the effect that Ghulam Yahya, Muhammad Shuaib and Abdul Waheed petitioners had forcibly started ploughing agricultural land belonging to Mst. Sultana, widow of Abdul Hanan, who is an aunt of Abdul Ghafoor. It was stated that there had been previous criminal litigation also regarding this very land inasmuch as the said persons were prosecuted under section 447 of the Pakistan Penal Code but acquitted by the Court, and that Abdul Rauf, son of Abdul Khaliq, was murdered for which Ghulam Yahya along with his brothers was charged but again acquitted. The Ilaqa Magistrate passed an order on the 17th of March 1970, directing the issuance of notice to the parties and also restraining them from interfering with the disputed land. On the 26th of October 1970, the Magistrate, after examining the evidence brought on the record, came to the conclusion that none of the parties was in possession of the land which was to be construed as being in the lawful possession of Mst. Sultana…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492