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Constitution of Pakistan (1973)----Art. 185(3)--Criminal Procedure Code (V of 1898), S.145---Dispute over possession--Revisional Court as well as High Court reaching conclusion that Magistrates action under 5.145, Criminal Procedure Code, was not justified when there was no apprehension of breach of peace and foundation for action under S.145, Criminal Procedure Code was lacking and that civil litigation should have been allowed to determine dispute between parties--Leave to appeal, against order of High Court dismissing writ petition of petitioner, refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 27-10-1984 of the Lahore High Court; whereby a writ petition arising out of proceedings under section 145, Cr.P. C. filed by the petitioners, was dismissed. The petitioners had alleged in an undated complaint dispossession from the property in dispute. Although the Police Officer who investigated it the matter later on deposed that there was no apprehension of breach of piece yet he reported the matter to the Magistrate who after having passed preliminary order, subsequently, in the final order directed restoration of possession to the petitioners. On revision filed by the respondent-side a learned Additional Sessions Judge remanded the case. On remand the learned Magistrate repeated the earlier…

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