Law: Criminal Procedure Code (V of 1898)

Section: 145(5)

  Criminal Procedure Code (V of 1898)-- ---S. 145---Aim and object of S.145---Word "exists" in S.145(5) Cr.P.C.-- Connotation- --Provisions of section 145 Cr.P.C. as a whole indicate that a continuing danger of breach of peace should exist till the time final orders are made---Use of word 'exists in present tense in subsection (5) connotes that dispute must continue to exist even at the time when objection is raised---Main purpose of the section being maintenance of public peace and prevention of breaches thereof, it would follow that where there is no danger at any point of time of any further breach of public peace taking place, then manifestly invocation of summary procedure provided by section 145 is no longer called for and should be put to an end,--[Words and phrases]. Malik Manzoor Elahi v. Lala Bishambar Dass and another, P L D 1964 SC137 rel. Criminal Procedure Code (V of 1898)-- --S. 145 (5) & (6)---Order under subsection (5) of Section 145, Cr.P.C. is in fact destructive of order under subsection (6) of the said section and both of them cannot be consolidated together Criminal Procedure Code (V of 1898)--- ---Ss. 145(5) & 561-A---Magistrate on making an order of dropping the proceedings becomes `functus officio' and thereafter has no jurisdiction to pass any order relating to claims of parties---Any attachment effected in course of proceedings thus obviously automatically ceased and position of parties would precisely be the same as if no proceedings at all had been instituted under S.145, Cr. P.C.---Order of Sessions Court for placing parties in the same position which existed on the day when an order under S.145(4), Cr. P.C. was passed, thus was not open to exception---Application filed under S.561-A, Cr. P.C. was accordingly dismissed. Haji Shamsuddin Ismail and others v. The State and others P L D 1969 Kar. 515; Mir Jaafar Khan Jamali and another v. The State and 3 others P L D 1971 Quetta 84; Mir Hasil Khan and 3 others v. Mir Ghulam Muhammad and another P L D 1973 Quetta 10; Fateh Alam Khan v. Saif Ali Khan P L D 1982 Azad J & K 71 and Pir Muhammad Khan Masood and another v. The State and another 1983 P Cr. L…