Law: Governor-Criminal Procedure Code (V of 1898)

Section: 145, 435, 438

  (a) Criminal Procedure Code (V of 1898), Ss. 145, 435 & 438---Dispute as to possession of immovable property-Property, attached and sealed pending proceeding-Magistrate subsequently being satisfied that no apprehension of breach of peace existed, order ing property to be desealed and delivered to party in whose possession it was prior to initiation of proceeding---Order neither appealable nor open to revision by Additional Sessions Judge-Proper course for Additional Sessions Judge, if dissatisfied with order of Magistrate, is to refer case to High Court under S. 438. (b) Criminal Procedure Code (V of 1898), S. 145-----Magis trate's failure to discuss, in his order under S. 145, in light of contentions put forth by one of the parties-Per se not sufficient for setting aside order. Date of hearing: 13th August 1969.   JUDGMENT This revision petition is directed against the order of Mr. Ehsan-ul-Haq, learned Additional Sessions Judge, Lahore, dated the 12th of January 1969, purporting to have been passed in exercise of his revisional jurisdiction, whereby he set aside the order of Mr. S. A. Naqvi, Magistrate 1st Class, Lahore, dated the 9th of July 1968, passed under section 145, Cr. P. C. The Additional Sessions Judge remanded the case to the learned Magistrate with the direction that he shall allow an opportunity to Dr. Abdur Razzaq (respondent), the petitioner before him, to produce his two witnesses including Raja Muhammad 1qbal, S. I. of Police who had reported the case under section 145, Cr. P. C. 2. The dispute in this case relates to the possession of one-half portion of the premises known as Cardex Clinic (Shop No. S-52-R-11, Nisbet Road, Lahore) which was originally an evacuee property and was transferred in the name of the respondent. The latter appears to have transferred in turn one -half-portion in favour of the petitioner by means of a sale-deed. The parties who are both doctors by profession are closely related, inter se, the sister of respondent being the wife of the petitioner. For some time the parties carried on joint practice with the Cardex Clinic but later separated and started practising in the portions in their…