Law: Criminal Procedure Code (V of 1898)

Section: 145

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898) S. 145‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑‑Removal of encroachment in exercise of jurisdiction under S.145, Cr.P.C.‑‑‑While restoring possession, Magistrate also passed order for removal of encroachments‑‑‑Appellate Court, in exercise of revisional jurisdiction set aside such order passed by the Magistrate‑‑ Validity‑‑‑Persons who were dispossessed from the disputed property could be put into possession, while, removal of encroachment on any part of public right was beyond the scope of proceedings under S.145, Cr.P.C.‑‑ Appellate Court had rightly set aside the order passed by the Magistrate‑‑ Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan (1973) Art, 199‑‑‑Constitutional petition‑‑Question of fact‑‑‑Scope‑‑‑Where resolution of a question requires detailed inquiry, the same cannot be undertaken in Constitutional jurisdiction.                                                                                                                                         ORDER This order will dispose of Writ Petition No.24216 of 2000 also as common questions of law and fact are involved in both the cases. 2. In essence the grievance of the petitioner (Rehmat Ullah) is that his property is situated on the Kanganpur road and on the front of his property, respondents 5 to 11 have made encroachment on a public road in Khasra No. 140/1. Proceedings were taken under section 145 of the Cr.P.C. and the property of Hakim Ali and others was attached. 3. The learned Assistant Commissioner, Chunian, vide his order dated 12‑5‑2000, not only directed restoration of possession to Hakam Ali and others (the opposite party) but also directed the Illaqa Magistrate to move for the removal of encroachment on Khasra No. 140/1. 4. Feeling aggrieved,…