Law: Criminal Procedure Code (V of 1898)

Section: 145,107

(a) Criminal Procedure Code (V of 1898)--- ----S. 145---Dispute concerning land likely to cause breach of peace---Proceedings under section 145, Cr.P.C--- Nature--- Nature of proceedings under section 145 of the Cr.P.C. are more in the nature of an executive function because the right of ownership nor that of possession is adjudicated---Exercise of the powers are subject to fulfilment of the jurisdictional pre-conditions, particularly the satisfaction of the Magistrate that the dispute is likely to cause a breach of the peace. Muhammad Ishaque Chowdhury and another v. Nur Mahal Begum and others PLD 1961 SC 426; Muhammad Boota and 12 others v. Ch. Faiz Muhammad and 8 others 1970 SCMR 592; Haji Muhammad Akram and others v. Mir Baz and others 1973 SCMR 236; Shera and others v. Mst. Fatima and another 1971 SCMR 449; Shah Muhammad v. Haq Nawaz and another PLD 1970 SC 470; Mirza Abdul Razzaq v. Barkat Ali and others 1985 SCMR 1235; Yar Muhammad and others v. Gul Muhammad 1985 SCMR 1609; Malik Manzoor Elahi v. Lala Bishambar Dass PLD 1964 SC 137; Mehr Muhammad Sarwar and others v. The State and 2 others PLD 1985 SC 240; Muhammad Shafique and others v. Abdul Hayee and others 1987 SCMR 1371; Ganga Bux Singh v. Sukhdin AIR 1959 ALL. 141 and Mukhtar Ahmad and others v. Haji Muhammad Saleem and another 2013 SCMR 357 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 145 & 107---Dispute concerning land likely to cause breach of peace---Proceedings under section 145, Cr.P.C---Object and purpose of such proceedings stated. The main object and purpose of the powers vested under section 145 of the Cr.P.C. is to prevent a likely breach of the peace and to maintain the status quo. The parties are provided an opportunity to resolve the dispute regarding the title or right of possession before a competent forum. The most crucial factor for undertaking the proceedings is the likelihood of breach of the peace because of the dispute. The dispute must be in respect of land or water or boundaries thereof and the subject matter must be situated within the limits of the territorial jurisdiction of the Magistrate who has to exercise the powers. The existence of these factors is a…

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