Law: Criminal Procedure Code (V of 1898)

Section: 145

(a) Criminal Procedure Code (V of 1898)--- ----S. 145---Dispute concerning land likely to cause breach of peace---Matter pending before civil court---Jurisdiction of Illaqa Magistrate under S.145, Cr.P.C.---Scope---Dispute between parties over post of Chief Executive Officer of company---Appellant, who claimed to be Chief Executive Officer of company was removed by other directors of the company from his post---Appellant filed suit for declaration and permanent injunction before civil court to restrain the directors from removing him---Illaqa Magistrate during pendency of civil proceedings, took proceedings under S.145, Cr.P.C. and sealed office of the company on grounds that same was likely to cause breach of peace--Validity---Apparently there was no dispute over possession of company office but dispute between parties was over post of Chief Executive Officer' of company, in respect of which majority shareholders had already removed the appellant from the said post and directors, by adopting the legal course---Where a dispute in respect of any issue had been regulated by civil court, the matter. would fall outside the jurisdiction of Illaqa Magistrate under S.145, Cr.P.C. Interference by Illaqa Magistrate, under such circumstances, was nullity in the eyes of law-- Dispute over post of Chief Executive Officer of company, in the present case, was already pending adjudication before civil court, hence it was for the said court to decide such issue and not the Magistrate while assuming jurisdiction under S.145, Cr.P.C.-Intra-court appeal was dismissed, in circumstances. Bashir Ahmad v. Messrs Roots School Network through Administrator/owner and others 2011 SCMR 290 and Abdul Majeed v. Noor Muhammad and 2 others PLD 2006 Lah. 649 ref. 1998 PCr.LJ 1610 distinguished. (b) Criminal Procedure Code (V of 1898)--- ----S. 145---Dispute concerning land likely to cause breach of peace---Matter pending before civil court---Jurisdiction of Illaqa Magistrate under S.145, Cr.P.C.---Scope-:-Where a dispute in respect of any issue had been regulated by civil court, the matter would fall outside the jurisdiction of Illaqa Magistrate under S.145, Cr.P.C.-Interference by Illaqa…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492