Law: Criminal Procedure Code (V of 1898)

Section: 133(2),139A(2),133

Law: Constitution of Pakistan, 1973

Section: 199

(a) Criminal Procedure Code (V of 1898)--- ---- Ss. 133(2) & 139-A(2) --- Jurisdiction of Civil Court not barred where civil, right of a party has to be determined-Dispute arising with, regard- to the' determination of a right would be adjudicated upon by the Civil Court and the same would prevail over any tentative order passed by the Magistrate under S. 133, Cr. P.C. or any other succeeding section of 'the Chapter. (b) Criminal Procedure Code (V of 1898)--- --- S. 133 --- Constitution of Pakistan (1973), Art.199 --- Constitutional petition­ Nuisance, removal of --- Averments of the parties and the report of the Local Commission showed that the disputed construction on. the property existed for the last many years and the obstruction as alleged by the respondent in the application was not of the nature where proceedings under S.133, Cr.P.C. could readily be attracted --- Disputed question of fact being involved in the matter which could not be inquired into in the Constitutional petition, the proper forum was a Civil Court where the parties had already gone --- Fact in issue between the parties, in circumstances, Was directed to be adjudicated upon by the Civil Court after collecting relevant evidence which was also competent to regulate the interim user by way of interim injunction and its order would have prevalence--­Constitutional petition was disposed of with said observations. Azam Khan and others v. The State 1989 PCr.LJ 2286 and Allah Dad v. Abdul Karim 1972 PCr.LJ 680 ref. ORDER This writ petition has been filed assailing-the order dated 22-3-1997 passed by Assistant Commissioner, Tehsil Piplan, District Mianwali, on an application moved by Khizar Hayat respondent No.1, under section 133, Cr.P.C. on 19-12-1995 and also the order dated 27-8-1997 passed by learned Additional Sessions Judge, Mianwali whereby the petitioner's revision 'petition against the above said order of the Assistant Commissioner was dismissed. It is stated inter alia that in the application the respondent No. I had alleged that the petitioner has encroached upon the public path and also raised constructions thereon illegally. The application was resisted by the petitioner, on…

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