Law: Criminal Procedure Code (V of 1898)

Section: 145

Criminal Procedure Code (V of 1898), S. 145-Police report about likelihood of breach of peace between two parties-- Magistrate has discretion to pass preliminary order without examin ing any witness.   Muhammad Araf and others v. Satramdas Sakhimal and others A I R 1936 Sind 143 ref.   Criminal Procedure Code (V of 1898), Ss. 145 & 435---- Finding of Magistrate on point of possession in proceedings under S. 145-Finding, although one of fact, should be interfered with by High Court, in revision, if circumstances of case, such as vitiate finding of Magistrate.   Mahadeo Prasad and others v. Ram Saran and others A I R 1945 Oudh 12 ; Abdul Satar and others v. Udha Lal and another 93 I C 695 ; Wazir Chand and others v. Dr. Rawal Chand Faquir Chand A I R 1947 Lah. 227 ; Saudi Mahto v. Sukhlal Mahto and others A I R 1934 Pat. 33 and Gurditta and others v. Taja A I R 1939 Lah. log ref.   Criminal Procedure Code (V of 1898), S. 145----Period of 2 months mentioned in first proviso of S. 145-To be computed from date of passing preliminary order under subsection (1) of S. 145 and not from date of complaint-Magistrate deciding question of possession-Neither to go into question of title nor rely on unproved documents.   Mahmood Beg and another v. Ehsan Beg A I R 1941 Oudh 515 and Muhammad Ali Yar Muhammad v. Shamsul Haq Pir Zialdin Shah and others A I R 1940 Sind 33 ref.   ORDER OF REFERENCE BY THE SESSIONS JUDGE   The facts of this case are as follows :-   On 31st January 1962, Police Station `A' division Rawalpindi registered a case under section 448, P. P. C., against the respon dents, Muhammad Akram, Qalandar, Ayub and Abdul Karim on a report that they had trespassed into a shop bearing No. V/518, Namak Mandi, Rawalpindi, which was in possession of Ghulam Mustafa petitioner. During the investigation the police considered that on account of the strained relations of the parties there was apprehension of the breach of the peace over the possession of the said shop and the matter was reported to the Ilaqa Magistrate for action under section 145, Cr. P. C. The learned Magistrate attached the shop and directed that it should be…