Law: Criminal Procedure Code (V of 1898)

Section: 145

Criminal Procedure Code (V of 1898), S. 145(1), (4) Attachment-Court attaching property by merely referring to apprehension entertained by applicant without, stating its satisfaction and grounds as to existence of dispute likely to cause breach of peace nor considering it a case of emergency-Impugned order, held, not in conformity with requirements of law and set aside. JUDGMENT This order will dispose of Criminal Revision No. 641 of 1969 filed by Muhammad Amin petitioner against Muhammad Jamil, impugning the order passed by Mirza Ghulam Murtaza Birlas, Magistrate Ist Class, Gujrat, on the 26th May 1969. It arose hi the following circumstances. 2(a). The dispute between the parties relates to possession of House No. 215, Mohallah Chiraghpura, Ward No. 12, Lala Musa. On the 19th June 1968, Muhammad- Jamil filed a complaint under section 145, Cr. P. C. against Mst. Iqbal Begun and Muhammad Amin, alleging that on the 4th June 1968, they with the help of certain other persons, had dispossessed his (Muhammad Jamil's) mother of the said house and that there was apprehension of breach of the peace. Ch. Muhammad Zafar Yasin, Magistrate, who was dealing with the complaint, recorded the statements of the complainant and two witnesses and passed the following order I have heard complainant's counsel and also gone through the judgment of the D. S. C., Gujrat, produced by the complainant, Issue notice to the other party under section 145, Cr, P. C. for 16-7-68." Mst. Iqbal Begun preferred Criminal Revision No. 712 of 1968 urging that the order passed by the learned Magistrate did not indicate that he' was satisfied that a dispute likely to cause a breach of the peace existed concerning the said house, with the result that the said order was bad in law. By judgment dated the 19th November 1968, the said 'order was quashed for the reason that the learned Magistrate failed to record that he was so satisfied and further had failed to state the grounds of his being so satisfied. The case was remanded for fresh proceedings in accordance with law. (b) Thereafter, the case was made over to Mr. Ghulanx Murtaza Birlas, Magistrate. The learned Magistrate was not…