Law: Criminal Procedure Code (V of 1898)

Section: 145

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

(a) Criminal Procedure Code (V of 1898)--- ----S. 145---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---Writ petition---Dispute over shop likely to cause breach of peace---Order of Magistrate attaching and sealing such shop suspended by Revisional Court---Validity---Controversy involved in writ petition was already subject-matter of suit filed by petitioner against respondent and pending in Civil Court---Neither writ petition before High Court nor proceedings before Magistrate would be competent due to pendency of civil suit between parties regarding title of disputed shop---High Court dismissed writ petition in circumstances. 1999 PCr.LJ 107 and 2001 MLD 224 ref. 2000 YLR 1051; 2004 PCr.LJ 1096 and Arif Mehmood and others v. Municipal Corporation Mirpur and others decided on 7-8-2012 rel. PLD 1988 SC (AJ&K) 27-184; PLD 2007 SC (AJ&K) 20; 2007 SCR 86; 2008 SCR 87 and Shams-ud-Din v. Dr. Karamat decided on 3-6-2011 distinguished. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Writ Petition---Pendency of civil suit between parties regarding controversy involved in writ petition---Effect---Writ petition would not be competent in circumstances. 2000 YLR 1051; 2004 PCr.LJ 1096 and Arif Mehmood and others v. Municipal Corporation Mirpur and others decided on 7-8-2012 rel. ORDER MUNIR AHMED CHAUDHARY, J.---This writ petition has been filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, through which an order passed by the learned Additional Sessions Judge Mirpur dated 24-4-2013 has assailed being passed without jurisdiction, without hearing the petitioner and illegal in the eyes of law. A prayer was also solicited to set aside the said order. 2. Brief facts as stated in the petition are that the petitioner was a tenant of a shop situated at Markazi Jamia Masjid Mirpur. The petitioner was running his business as GB. Tailors jointly with his brother respondent No.1 Barkat Ali. Previously, the petitioner was running his business of decoration, lights and crockery in the said shop, but the respondent after coming back from England requested to the petitioner that he wanted to…

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