Law: Criminal Procedure Code (V of 1898)

Section: 145 , 561

Criminal Procedure Code (V of 1898)--- ----Ss.145 & 561-A---Quashment of proceedings---Trial Court while passing attachment order restraining parties from approaching interference in property in dispute had not addressed itself with regard to emergency nature of case and passed order which was also not in accord with second proviso to subsection (4) of 5.145, Cr.P.C.---Proceedings of Trial Court under S.145, Cr.P.C. being not warranted under law were quashed in circumstances. Dost Muhammad Khan for Petitioner. S. Zaffar Abbas Zaidi, Muhammad Salim Khan, Riaz Khan and Muhammad Khan Khakwani for Respondents. Date of hearing: 18th May, 1994. JUDGMENT This application under section 561-A, Cr.P.C. has been moved by the petitioner for quashment of the proceedings initiated in the Court of Magistrate under section 145, Cr.P.C. relating to a dispute over a shop and 'Bala Khana' between the petitioner and respondents Nos. 1 and 2.   The brief facts of the case are that the Police filed a complaint under section 145, Cr.P.C., in the Court of Magistrate to proceed with the same. The complainant also lodged a private complaint in the said Court on the same day with the said purpose. The Magistrate while taking cognizance passed a preliminary order expressed his satisfaction with regard to the dispute and also passed an attachment order contemplated under section 145 of the Cr.P.C. and with a further direction that the parties should submit their claim. The petitioner submitted his written statement after which the Court ordered the parties to produce their evidence. The petitioner being aggrieved of the preliminary order which include the attachment order and also the proceedings in the lower Court approached this Court as already stated.   The learned counsel for the parties were heard, record perused. If one reads section 145, Cr.P.C. the whole scheme of which is to empower a Court to give its findings with regard to the possession of certain property which is in dispute and has got no jurisdiction to do anything more than that i.e. with regard to the title etc. In the instant case if we read the complaint submitted by the Police and .also that…