Law: Criminal Procedure Code (V of 1898)

Section: 145,435

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--   ---S.145--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to consider question whether High Court could constitute an independent body for adjudication and decision of question whether disputed land was situated within territorial jurisdiction of Magistrate who had taken cognizance of proceedings, under said provision outside provisions of S.145, Cr.P. C.   (b) Criminal Procedure Code (V of 1898)--   ---Ss.435 145--Revisional jurisdiction of High Court cannot be exercised to constitute an independent body for adjudication and decision of question as to territorial jurisdiction of Magistrate who had taken cognizance of proceedings, under the provisions of S.145, Cr.P.C.--Powers exerciseable by High Court in revision under 5.435, Cr.P.C. would he limited to examining the correctness, legality or propriety of any finding, sentence or order recorded or passed--Order of High Court constituting a forum other than Magistrate exercising jurisdiction under 5.145, Cr.P.C. to decide dispute which was beyond ambit of 5.145, Cr.P.C. in exercise of its own revisional powers, held, was not warranted by law--Magistrate acted not only on oral but also on documentary evidence and there was no defect or irregularity in jurisdiction exercised by him--Order of High Court set aside in circumstances. JUDGMENT MUHAMMAD HALEEM, C.J.--Leave to appeal was granted to consider the question: Whether the High Court could constitute an independent body for adjudication and decision of the question whether the disputed land is situated within the territorial jurisdiction of the learned Magistrate who had taken cognizance of the proceedings under the said provision, outside the provisions of section 145, Cr.P.C. The facts out of which this -appeal arises are that on 30th of April, 1982, a complaint was lodged by the S. H .0. , Police Station Shabkadar, in the Court of the Magistrate 1st Class, Charsadda, stating therein that there was a dispute over possession of certain Khasra numbers situate in Mauza Matta Rustam Khel between the two rival groups of persons, and that there was a likelihood of imminent breach…

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