Law: Criminal Procedure Code (V of 1898)

Section: 145

  (a) Criminal Procedure Code (V of 1898), S. 145-Dispute as to possession of immovable property-Satisfaction of Magistrate that a breach of peace imminent-Held, condition of his jurisdiction under S. 145. Muhammad Ishaque v. Nur Mahal Begum P L D 1961 S C 426 ref. (b) Criminal Procedure Code (V of 1898), S. 145-Dispute as to possession of immovable property-Civil Court having seisin of dispute between parties and ad interim injunction already issued by High Court-Magistrate, held, not competent to entertain an application under S. 145. Shah Muhammad v. Haq Nawaz P L D 1970 S C 470 fol. (c) Baluchistan Pat Feeder Area (Settlement of Land Dispute) Ordinance (III of 1970), Ss. 3, 6, 8 & 13 read with Criminal Pro cedure Code (V of 1898), S. 145-Mere extinction of rights of all land-owners in Pat Feeder Area by S. 3 of Ordinance-Held, does not oust jurisdiction of Courts under S. 145, Cr. P. C.---Tribunal not competent to exercise powers of a Magistrate under S. 145, Cr. P. C. Merely because section 3 extinguishes the rights of all land owners in the Pat Feeder Area, this will not oust the jurisdiction of the Courts under section 145, Cr. P. C. because that jurisdiction is not concerned with title to land but only with disputes about the physical possession of land which is likely to lead to a breach of the peace. As the promulgation of the Ordinance will not prevent people from taking the law into their own hands, the necessity for provisions like section 145, Cr. P. C. remains. Section 8, confers on the Tribunal the Magisterial powers which have been specified in that section. As these powers do not include the power of taking action under section 145, Cr. P. C. the Tribunal is not competent to exercise the powers of a Magistrate under section 145, Cr. P. C. Therefore, bearing in mind the presumption in favour of the jurisdiction of the Regular Courts, and the necessity of preserving the jurisdiction to prevent a breach of the peace, the Ordinance has not curtailed the jurisdiction of the Courts under section 145, Cr. P. C. On a plain reading of section 13 it ousts the jurisdiction of the Courts only with regard to any matter which the Tribunal "is…