Law:

Section:

Penal Code (XLV of 1860)--S. 452/ 506/448/511/148/149 --- Criminal Procedure Code (V of 1898), S. 561-A --- Constitution of Pakistan (1973), Art.185 --- Criminal proceedings quashed by High Court --- Validity --- High Court had prematurely arrived at the finding by the Civil Court while dealing with an application for interim injunction --- Civil suit was yet to be decided finally and High Court by stifling the prosecution had, therefore, proceeded in haste to quash the Criminal proceedings by means of the impugned order --- Proceedings in Criminal Court 'should have been stayed till the decision of the Civil Court --- Such legal position ought not to have been departed from by the High Court---Impugned order was set aside accordingly with the direction that criminal proceedings launched at the instance of the appellant would remain intact, but the same were stayed till decision of the Civil Court. JUDGMENT SH. RIAZ AHMED, J.---This appeal through leave of this Court is directed against the judgment and order dated 22-2-1992 delivered by a learned Single Judge of the Lahore High Court whereby the criminal proceedings instituted by the appellant against the respondents were quashed. 2. The brief facts of the case are that on the basis of F.I,R. lodged by the appellant on 29-4-1986, a case under sections 452, 506, 448, 511, 148 and 149, P.P.C. was registered and the respondents were sent up to face trial on the said charges. During the pendency of the criminal proceedings, the respondents moved an application under section 249-A, Cr.P.C., which was dismissed. The respondents then invoked the inherent jurisdiction of the Lahore High Court by way of moving an application under section 561-A, Cr.P.C., which was allowed by a learned Single Judge and the criminal proceedings were quashed. 3. The background of the litigation is that the appellant was alottee of the disputed quarter. Allegedly he agreed to sell it to Mst. Badshah Begum respondent No. I and had delivered the possession thereof to the respondent, who claimed to be in continuous possession thereof and was living in the said quarter with her family members. On 27-4-1996 the respondent then…

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