Law: Criminal Procedure Code (V of 1898)

Section: 133

Criminal Procedure Code (V of 1898)--- ----S. 133---Conditional order for removal of nuisance---Scope---Controversial issue regarding removal of encroachment upon road being sub judice before the civil court, an application was moved by the appellant for initiation of proceedings under S.133, Cr.P.C. before the Deputy Commissioner, with regard to the same subject-matter which was already pending before the civil court---Validity---Magistrate could proceed with any application under S.133, Cr.P.C., but, when the civil court of competent jurisdiction was proceeding with the matter, the Magistrate, or any other judicial office holder, was debarred from entertaining the same cause between the same parties---When the matter was sub judice before the civil court, the Magistrate was not competent, even to pass any conditional order. JUDGMENT SARDAR MUHAMMAD SADIQ KHAN, J.---The captioned appeal with the leave of the Court is addressed against the judgment of the High Court dated 11-5-2012 whereby the Criminal Revision filed by the respondents, herein, has been accepted. 2. The summary of facts, necessary for disposal of the criminal appeal is that Dr. Karamat Hussain, appellant, herein filed a declaratory suit in the Court of Senior Civil Judge, Mirpur on 10-7-2009 which was withdrawn on 22-3-2009 and then a fresh suit for declaration-cum-perpetual injunction was instituted by the appellant, herein, on 22-8-2009. Along with the above-mentioned suit an application for ad interim injunction was also moved and the trial Court issued stay order on 22-8-2009 till next date of hearing subject to objections from the other side. It is averred, that Shamus-u-Din respondent, herein who is defendant in the above suit, appeared before the trial Court and filed an application for vacation of stay order. After hearing the arguments, the learned trial Court vacated the stay order on 12-9-2009. The appellant filed an appeal before the District Judge, Mirpur through which he challenged the vires of the order of the trial Court dated 12-9-2009, which was dismissed by the District Judge vide order dated 17-10-2009. The appellant filed a revision petition before the High Court on…

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