Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Criminal Procedure Code (V of 1898), S. 145-- Proceedings initiated by Sub-Divisional Magistrate over dispute of land and attachment of property ordered--Disputed land found to be Government property--Proceedings under S. 145, Cr.P.C. terminated on request of parties--Reference made to High Court for proper order failed--Plea raised that order of attachment should also have been vacated--There being nothing on record to show that order of attachment still survived, petitioners advised to approach Sub-Divisional Magistrate concerned in that behalf--Petition for leave to appeal dismissed. M.A. Rashid Advocate Supreme Court with Hazar Khan Khoso, Advocate-on-Record (absent) for Petitioners. M. Yusuf. Asstt. A.-G., Baluchistan for Respondents. Date of hearing: 15th April, 1985. JUDGMENT ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Baluchistan High Court, dated 21-4-1984 rejecting a reference made by the Additional Sessions Judge, Quetta for setting aside the order of the Sub-Divisional Magistrate, Nushki, dated 18-2-1981 whereby he had terminated proceedings initiated by him under section 145 of the Code of Criminal Procedure. Facts briefly stated are that by an order, dated 8-2-1981 the Sub-Divisional Magistrate, Nushki initiated proceedings under section 145 of the Code and directed the Motbirs of Menghal and Badani tribes to submit their respective claims regarding the disputed suit land, and also passed an order of attachment of property under subsection (4) of section 145 of the Code. It seems that soon afterwards the District Magistrate, Chaghi noticising that the disputed land belonged to the Government took cognizance of the case, and in these proceedings the parties were directed to establish their claim to the disputed land through a suit in the civil Court of competent jurisdiction. In view of this position the learned Sub-Divisional Magistrate felt himself satisfied that the dispute has been set at rest, and he, therefore, did not find it necessary to proceed with the case further, and directed by the order, dated 18-2-1981 that "the proceedings stand dropped."…

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