Law: Criminal Procedure Code (V of 1898)

Section: 145,145(5),561A

Criminal Procedure Code (V of 1898)--- ----Ss. 145 & 561-A---Import, scope and application of S.145, Cr.P.C.---Quashing of proceedings---Scope---Procedure where dispute concerning land, etc is likely to cause breach of peace---Restoration of possession---Breach of peace---Pre-requisite---Scope---Petitioner submitted application regarding her forcible dispossession by respondents from the house to the District Police Officer, who after inquiry submitted complaint under S.145, Cr.P.C. to the Magistrate---Respondents asserted that complaint was not maintainable while the Magistrate held that the complaint was maintainable as there was apprehension of breach of peace---Revisional court vide impugned order held that the complaint under S.145, Cr.P.C. was not maintainable---Validity---Proceedings under S.145, Cr.P.C. were meant to avoid breach of peace and in no way were meant to decide a title dispute or to restore possession---Section 145, Cr.P.C. laid down that complaint was to be presented with proof of dispossession within two months of its filing, but said application submitted to District Police Officer did not reveal any specific date or period of dispossession---Petitioner and respondents were siblings and no doubt the former might have claimed share in disputed property, but the same could not be adjudicated upon under S. 145, Cr.P.C. that had got a very limited scope and infringement of private right or dispossession of any of the parties was per se not enough to attract S.145, Cr.P.C.---Section 145, Cr.P.C. was meant to meet an emergent situation posing a threat to peace and could not be used for settling rights of the parties or their claim to title---Import of subsection (5) of S.145, Cr.P.C. was that where there was no breach of peace then the Magistrate had no jurisdiction to make order regarding subject of dispute---Revisional court had rightly appreciated the facts and circumstances of the case and arrived at right conclusion, which order was not open to interference under S. 561-A, Cr.P.C.---Petition, being devoid of merits, was dismissed. PLD 1985 SC 294 ref. THIS ORDER PASSED BY: MUHAMMAD NASIR MAHFOOZ, J.--- Through instant quashment…

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