Law: Criminal Procedure Code (V of 1898)

Section: 145 (1), 561

(a) Criminal Procedure Code (V of 1898), Ss. 145 (1) & 561-A-Dispute as to possession-Magistrate neither issuing notice to parties to show cause nor stating grounds of his satisfaction as to existence of dispute contemplated by section-Whole proceedings, held, vitiated by violation of imperative provision contained in sub -section (1) of S.145. (b) Criminal Procedure Code (V of 1898), S. 145-Dispute as to possession--Previous lessee of Government land ousted and possession delivered to new lessee-Previous lessee's revision petition against allotment of new lease still pending with Board of Revenue-Parties' fate still to be finally decided and action to be taken according to such decision-No justification, held, existed for proceedings under S. 145-Proceedings quashed.                                                                                                                                ORDER This order will dispose of Cr. Misc. No. 167/Q of 1972 for quashment of proceedings under section 145, Cr. P. C. initiated at the instance of Shakir Ali respondent, before Mr. Muhammad Khalil Bhatti, Assistant Commissioner, Bhakkar, Cr. Misc. No. 176/T of 1972 for transfer of the same case from his Court, and Criminal Original No. 21 of 1972 for taking action for contempt of Court against the aforementioned Assistant Commis sioner for the alleged violation of the orders of the High Court. 2. The facts which gave rise to the petition for quashment of proceedings under section 145, Cr. P. C. have been given in detail in my order dated 20th of April 1972. The land in relation to which these proceedings were initiated on the application of Shakir Ali dated 5th of April 1972 who was its previous lessee, belongs to the Government. On 23rd of October 1971, the lease was auctioned for one year in favour of Bashir Ahmad, the petitioner before me.…