Law:

Section:

Constitution of -Pakistan (1973)--- Art. 185(3)- Criminal Procedure Code (V of 1898), Ss. 145 & 561-A-Dispute over possession of landed property-Petitioner having purchased disputed land conferred proprietary rights therein-Civil suit by another person, against petitioner for possession of disputed land through pre-emption - Civil Judge, during pendency of suit, passing interim order restraining defendant from making any construction on disputed land - Respondent later on filing application under S. 145, Cr. P. C. whereupon Magistrate attaching property and stopping parties from interfering therein - Application of petitioner under S. 561-A, Cr. P. C. for quashing of proceedings under S. 145, Cr. P. C dismissed by High Court-Neither any infirmity in order of High Court pointed out nor proceedings under S. 145, Cr. P. C. shown to be not competent-Leave to appeal refused. Kh. M. Yusuf Sarraf, Advocate Supreme Court and K. E. Bhatti; Advocate-on-Record for Petitioner. Imtiaz M. Khan, Advocate-on-Record for Respondent No. 1. M. Inamul Haq, Advocate- Supreme Court for the State. Date of hearing: 23rd October, 1983. ORDER MIAN BURHANUDDIN KHAN, J.-By this petition leave is sought to appeal against the judgment and order of the Lahore High Court, Rawalpindi Bench, dated 16-5-1983 whereby petition filed under section 561-A, Cr. P. C. for quashment of proceedings under section 145, Cr. P. C. was dismissed. 2. Learned counsel for the petitioner contended that a suit for possession through pre-emption was filed prior to the institution of an application under section 145, Cr. P. C. and therefore, recourse to a Criminal Court under section 145, Cr. P. C. was incompetent and the impugned order is without legal justification; that the order of attachment was passed by the Criminal Court, subsequent to the order of Civil Judge sought by the respondent, was in itself an admission that the land was to…

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