Law: Criminal Procedure Code (V of 1898)

Section: 107,145,150,151,561A

Law: Civil Procedure Code (V of 1908)

Section: O.XL,R.1

(a) Criminal Procedure Code (V of 1898)--- ----S.145---Proceedings under S.145 of Cr.P.C:---.---Maintainability---Such proceedings would not be maintainable, if matter of possession of disputed property was already regulated by civil court. (b) Criminal Procedure Code (V of 1898)--- ----Ss.107, 145, 150, 151 & 561-A---Attachment of property by Magistrate---Validity---Police report was to the effect that contesting parties were co-sharers of disputed property and were residing therein, and were determined to cause damage to person and property---Magistrate, without determining question as to whether any emergency existed or not, passed attachment order and enlarged arrested persons on bail under Ss.107, 150 & 151, Cr.P.C:---.---Neither such Police Report spoke about any emergency to attach property nor Magistrate held any inquiry before passing attachment order---Order of attachment of property would be unlawful, if passed without application of mind by Magistrate---Disputed property at time of its attachment by Magistrate was subject of a suit pending between contesting parties in civil court, which had issued interim injunction---Proceedings under S.145, Cr.P.C., would not be maintainable, when matter of possession of disputed property was already regulated by civil court---Continuation of proceedings under S.145, Cr.P.C., would be unnecessary due to pendency of such civil suit---Apprehension of breach of peace would be presumed to have been defused when Magistrate enlarged arrested persons on bail---High Court, quashed impugned order in circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S.145---Civil Procedure Code (V of 1908), O. XL, R.1---Attachment of property---Powers of Magistrate and civil court---Scope---Powers vested in civil court under O.XL, C.P.C., were much wider and comprehensive than that of Magistrate under S.145, Cr.P.C. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, JUSTICE:---.- -- The captioned appeal with the leave of the court has arisen from the judgment of the High Court dated 26-5-2011 whereby the application under section 561-A, Cr.P.C, filed by respondents Nos.1 to 4 has been allowed and the orders passed by…

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