Law: Criminal Procedure Code (V of 1898)

Section: 145, 561-A

(a) Criminal Procedure Code (V of 1898)-------Ss. 145 & 561-A---Inherent jurisdiction of High Court---Quashing of complaint--Dispute concerning land etc.---Assuming of jurisdiction---Pre-conditions---On complaint filed by respondent, Trial Court declined to initiate proceedings under S. 145, Cr.P.C. with regard to land in question---Respondent assailed order of Trial Court before Lower Appellate Court which remanded the matter to Trial Court for decision afresh---Petitioner sought quashing of complaint filed under S. 145, Cr.P.C., with regard to land in question---Validity---Respondent/ complainant wanted that his share in land in question was to be separated and handed over to him---Complaint in question fell short of legal requirements for maintaining or proceeding with the same---Question of title or claiming share or separation of share could not be determined in proceedings under S. 145, Cr.P.C.---Such aspect of the matter was rightly appreciated by Trial Court---Proceedings under S. 145, Cr.P.C. could only be initiated if there was a dispute regarding land, water or boundaries of land but such dispute should be of such a nature which had either raised or was likely to raise apprehension of breach of peace---Such proceedings could not be initiated for establishing question of title or for separation of shares amongst joint owners---Proceedings under S. 145, Cr.P.C. could only be maintainable if rival parties claimed exclusive possession against each other and such dispute turned them inimical to each other---Proceedings under S. 145, Cr.P.C. were not maintainable where contents and language of complaint spoke of a civil dispute amongst joint owners/co-owners---High Court set aside order passed by Lower Appellate Court as the matter was wrongly remanded to Trial Court--Resultantly complaint was quashed---Petition was allowed accordingly.Mst. Rifat Rana v. Rashid Mahmood PLD 2019 Pesh. 230; Saleem-ur-Rehman v. Faqir Hussain and others 2004 SCMR 667; Ghulam Maseih alias Gaman and another v. Ch. Abdur Rehman and 3 others 1973 PCr.LJ 439; Sultan Room and 6 others v. Bakht Karam and another 2010 MLD 1669; Abdus Salam Meaji and others v. Abdul Kadir Bepari…

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