Law: Criminal Procedure Code (V of 1898)

Section: 145(1)

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 25,29

Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 12

  Criminal Procedure Code (V of 1898)-----S. 145 (1)- Provision imperative, requiring Magistrate to state grounds of his satisfaction as to existence of dispute likely to cause breach of peace-Dispute relating to possession of immovable property--Jurisdiction of Criminal Court.   Section 145 (1), Criminal Procedure Code, 1898 makes an imperative provision requiring the Magistrate to state the grounds of his being satisfied that a dispute likely to cause breach of peace exists. The reason for this is obvious. The Criminal Courts are not expected to decide disputes of civil nature relating to possession of immovable property. That is the function of the civil Court. They acquire jurisdiction only when there is apprehension of breach of peace. That being so, it must appear from the order of the Magistrate that he had applied his mind to the question as regards the breach of peace because it is the existence of such a dispute which gives him jurisdiction to entertain the matter.   Criminal Procedure Code (V of 1898)----S. 145-Dispute relating to evacuee property acquired by Central Government Jurisdiction of Criminal Courts, held, barred by S. 25, Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958).   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---Ss. 25 & 29-Words "in respect of any action taken or to be taken" occurring in S. 25-Whether include action by Settlement Authority under S. 29.   Malik Muhammad Sharif v. The Crown P L D 1954 Lah. 640 and S. A. Sattar v. Crown P L D 1956 Kar. 138 distinguished.   Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)----S. 12-Provision not in pari materia with that of S. 25, Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958).   Criminal Procedure Code (V of 1898)-----S. 145-Matters in respect of disputed property subject-matter of writ petition pending before High Court-Allowing re-commencement of pro ceedings under S. 145-Abuse of process of Court -Proceedings quashed.   Abdul Kadir Shaikh, A. A.-G. for the State.   S. A. Ashfaq for Respondents Nos. 1 and 2.   Abdul Hakim…