Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B

Law: Law Reforms Ordinance, 1972

Section: 3

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.2(3)

(a) Criminal Procedure Code (V of 1898)--- ---Ss. 22-A & 22-B---Civil Procedure Code (V of 1908), O. XXXIX, R.2(3)---Law Reforms Ordinance (XII of 1972), S.3---Intra court appeal---Dispute over possession of land---Disobedience of injunction order---Complainant filing application before Justice of Peace for registration of F.I.R. without availing remedy of private complaint or an application under Order XXXIX, Rule 2(3), C.P.C---Propriety---Complainant (appellant) had filed a suit for specific performance of contract and interim injunction was granted in his favour by the civil court---Complainant filed application before Justice of Peace contending that accused persons (respondents) tried to take possession of disputed land by force in violation of the interim injunction and caused injuries to his tenants and extended threats---Justice of Peace dismissed application of complainant---Complainant filed constitutional petition and single Judge refused interference in the order of Justice of Peace on the ground that complainant had an efficacious remedy available to him in form of private complaint and could avail the same---Validity---Dispute was of civil nature regarding possession of land and if any injunction order was violated, complainant had efficacious remedy in form of an application under O. XXXIX, Rule 2(3), C.P.C---Complainant had alleged that accused persons had beaten his tenants but no medical certificate was appended with the constitutional petition---Station House Officer (S.H.O.) had reported that no cognizable offence was committed, therefore, Justice of Peace was justified in dismissing application of complainant---Single Judge had rightly held that there was factual controversy over possession of land, which could not be resolved in exercise of constitutional jurisdiction and that complainant had efficacious remedy in form of private complaint and complainant could avail the same---Complainant had made an attempt to culminate a dispute of civil nature into criminal proceedings---Intra court appeal was dismissed accordingly. Muhammad Bashir v. S.H.O. PLD 2007 SC 539 and Rafqiue Bibi v. Muhammad Sharif and others 2006 SCMR 512 distinguished.…

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