Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 145 --- Constitution of Pakistan (1973), Art.185(3) --- Leave to appeal was granted to consider whether proper procedure as required under the law had been followed by the lower forums in the exercise of their jurisdiction and whether they had not failed to exercise jurisdiction vested in them by not determining the facturn of actual physical possession of the disputed land. (b) Criminal Procedure Code (V of 1898)--- ---- S. 145 --- Jurisdiction --- Jurisdiction of a criminal Court under S. 145, Cr. P.C. can be invoked only on the ground of likelihood of breach of peace. (c) Criminal Procedure Code (V of 1898)--- ---- S. 145 --- Object and scope of S.145, Cr. P.C. ---Primary object of S.145, Cr.P.C. is the prevention of breach of public peace arising in respect of dispute relating to immovable property --- Settlement of dispute relating to property which is not likely to lead to a breach of peace is within the exclusive jurisdiction of Civil Court --- Where there is no imminent danger to the public peace, Magistrate need not take cognizance of an application under S.145, Cr.P.C. and also need not determine the facturn of actual physical possession of the disputed property. (d) Criminal Procedure Code (V of 1898)--- S. '145 --- Dispute- if any, between the parties regarding the plot was purely of civil nature and did not warrant to invoke the provisions of S.145, Cr.P.C. as rightly observed by the Sessions Court and decided by High Court --- Appellant had resorted to Criminal Court. under S.145, Cr.P.C. only to harass the other party---Appeal was dismissed by Supremee Court accordingly. ORDER MUHAMMAD MUNIR KHAN, J.---This appeal by leave of the Court arises from the facts that on 19-5-1991, Qazi Gran Appellant filed application for proceedings under section 145, Cr.P.C. against Muhammad Jan respondent, in the Court of assistant Commissioner, Dir, alleging that he was in possession of a plot, situate near Metrological Building, Dir and Muhammad Jan respondent wanted to dispossess him forcibly from the plot and as such there was apprehension of breach of peace. The application was entrusted to Extra ­Assistant…

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