Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 145 & 561-A---Cognizance of complaint and petition for quashment---Civil suit, pendency of---Quashing of proceedings---Petitioner had alleged that respondent had occupied his property in his absence---Trial Court, on complaint filed by petitioner, sought report from Post Commander concerned and in the light of his report restored the possession of disputed property---Respondent challenged the said order through revision petition, which was allowed---Petitioner assailed the said order under S.561-A, Cr.P.C. for quashment---Another person (respondent) filed civil suit before the civil court of competent jurisdiction in respect of his ownership, wherein the petitioner was mentioned as tenant---Such fact was also mentioned in the written statement filed by respondent---Plea raised by said another person was that civil suit regarding same property was pending between the same parties before civil court---Effect---When the civil court was seized of the subject matter of dispute, Magistrate had no jurisdiction/ authority under S.145, Cr.P.C., to issue any order in respect of the said property---Revisional court had also ignored such crucial point despite the fact that a civil suit in respect of suit property was already pending in the civil court---High Court, in exercise of inherent jurisdiction under S.561-A, Cr.P.C., quashed all the proceedings against petitioner---Petition was allowed accordingly. 1971 SCMR 581 and 1997 MLD 2015 rel. (b) Criminal Procedure Code (V of 1898)--- ----S.145---Powers of Judicial Magistrate--Scope---When there was apprehension of breach of peace regarding immovable property, Judicial Magistrate was empowered to proceed in accordance with S.145, Cr.P.C. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 145 & 561-A---Constitution of Pakistan, Art.199---Petition for quashment under S.561-A, Cr.P.C. and constitutional petition under Art. 199 of the Constitution--- Scope--- Respondent had filed declaratory suit against the petitioner and another respondent---During pendency of civil suit, another respondent filed an application before Magistrate for possession of the suit…

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