Law: Criminal Procedure Code (V of 1898)

Section: 145

(a) Criminal Procedure Code (V of 1898)--- ----S. 145---Procedure where dispute concerning land is likely to cause breach of peace---Dispute of civil nature---Un-partitioned property---Scope alleged that she was dispossessed from her owned property and sought restoration of her possession over the suit house as well as the property---Validity was admittedly an issueless widow and the property for which the complaint was filed was the property of her husband jointly owned with the respondents could only inherit 1/4th share from the legacy of her deceased husband---Station House Officer of Police, in his report, had not mentioned any aspect of breach of peace---Patwari had reported that the property was jointly owned and no partition had taken place---Foremost requirement for initiation of proceedings under S. 145, Cr.P.C. was the existence of dispute but in the present case dispute was only of civil nature---No apprehension of breach of peace existed had taken contradictory stance regarding the exact date of her dispossession---Jurisdiction of the criminal court could not be invoked except on the ground of likelihood of breach of peace had failed to point out any illegality or infirmity committed by both the courts below while passing impugned s---Petition was dismissed. Municipal Committee Kohat v. Mst. Piari AIR 1947 Peshawar 8; Shamsuddin Ismail and others v. The State and others PLD 1969 Kar. 515; Shamshamir Khan v. The State and 6 others PLD 1999 Pesh. 70; Chaudhary Munir v. Mst. Surriya and others PLD 2007 SC 189; Husein Ali J. Merchant v. The State and 2 others 2003 YLR 1742 and Muhammad Iqbal Jaffer v. The State and 6 others PLJ 1989 Cr.C (Karachi) 448 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 145---Procedure where dispute concerning land is likely to cause breach of peace---Scope---Section 145, Cr.P.C. is a beneficial section enacted with the express object of preserving the peace---For the attainment of said object emergency provision for attaching the subject-matter of dispute has been provided in it---Under this section the criminal court can only pass a temporary order and the rights of the parties in fact are to be settled by the civil…

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