Law: Criminal Procedure Code (V of 1898)

Section: 439, 145

Criminal Procedure Code (V of 1898) S. 439 read with S. 145--Revision (criminal)-Dispute over possession of immovable property-Attachment-Civil Court already seized with matter and interim injunction issued in favour of peti tioners- Magistrate, held, could not make attachment of such property in exercise of jurisdiction under S. 145, Cr. P. C.--Order set aside in circumstance.-[Dispute over possession of immovable property]. Ghulam Habib v. State P L D 1972 Lah. 158 ; Ali Muhammad v. State 1976 P Cr. L J 43 and Qamaruddin v. State 1976 P Cr. L J 464 ref. Shah Muhammad v. Haq Nawaz 1971 P Cr. L J 610 distinguished. Date of institution: 15th February, 1981. This petition is directed against an order, dated 12th February, 1981 of the Court of Sessions Judge, Poonch, whereby attachment order made under section 145. Cr. P. C. by A. D. M., Rawalakot, relating to land measuring 20 Kanals and 15 Marlas, comprising Survey No. 979, situate in village Banjausa, Tehail. Rawalakot, dated 4th October, 1980, was maintained. The relevant facts of the case are that Muhammad Akram made an application before the A. D. M., Rawalakot, on 30thSeptember, 1980, under section 145. Cr. P. C. and cLalmed that land in dispute was in possession of the applicant. Non-applicants petitioners were trying to occupy the land forcibly and to fell the trees therefrom. There was an apprehension of breach of peace which necessitated attachment of the property. It was also mentioned in para. No. 1 of the application that the property in dispute was a subject of dispute to Civil Court and ad interim injunction was already issued in favour of the applicant, against the non applicants. The application was supported by an affidavit and copy of Khasra Girdawari. The learned Magistrate recorded the preliminary statement of Muhammad Akram, Muhammad Saeed and Muhammad Sharif and passed preliminary order and also made attachment of the property. This order was challenged in revision before the Sessions Judge the learned Sessions Judge agreed with the finding of the trial Magistrate and dismissed the petition on 12thFebruary, 1981. The sole point raised in the petition in that is presence of issuance of…