Law: Criminal Procedure Code (V of 1898)

Section: 145

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----S. 145---Constitution of Pakistan, Art. 199---Constitutional petition---Scope and application of S.145, Cr.P.C.---Dispute concerning land likely to cause breach of peace---Applicability of S.145, Cr.P.C.---Scope---Attachment---Land in question was 'Shamilat' belonging to four tribes---Provisions of S.145, Cr.P.C., were applicable in the case, because object of S.145, Cr.P.C. was prevention of dispute of immovable property likely to cause breach of peace; and to maintain status quo till the controversy was decided by the court of competent jurisdiction---Section 145, Cr.P.C. was aimed to meet an emergent situation (only causing threat to the peace) and same could not be used for settling the rights of the parties---Trial Court under S.145, Cr.P.C. though was legally bound to inquire into the matter, but as in present case seven persons had been murdered; and in that respect criminal cases had been registered, there was likelihood of breach of peace between the parties---Trial Court gave opportunity to parties to submit their objections, with regard to the attachment order---No official or private partition had taken place nor any demarcation proceedings had been conducted in that regard---Matter, prima facie, seemed to be a civil dispute, and no one could claim his exclusive/absolute ownership---Basic purpose of proceedings under S.145, Cr.P.C., was to meet an emergent situation in order to maintain peace; and further to enable parties to set the controversies at naught through civil court, regarding title or claim of property in dispute---Mandatory requirement of S.145, Cr.P.C. was that there must not only be a dispute, but it was essential that dispute was likely to cause breach of peace---Where 7/8 murders had been committed over the same dispute, lower forum had rightly passed preliminary order vide which disputed property was attached, with direction that objection, if any, regarding said attachment order could be submitted to the court---Said impugned order not suffering from jurisdictional defect, illegality or material irregularity could not be interfered with by High Court under constitutional jurisdiction.…

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