Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S.145---Dispute concerning land etc. likely to cause breach of peace--­Section 145, Cr.P.C. is self-contained and self-explanatory and Magistrate has to confine himself to the section itself only. (b) Criminal Procedure Code (V of 1898)--S. 145---Constitution of Pakistan (1973), Art. 185(3)---Parties in order to prove the factum of their actual possession on the land in dispute had not only put in their written statements but had also adduced their respective evidence both ocular and documentary and then the Illaqa Qazi had passed the order whereby the disputed land was held to be in possession of the petitioners and the respondents were held to have attempted to take possession thereof in the garb of the complaint and got the same attached---No legal infirmity in the said order of Illaqa Qazt. which could have vitiated the proceedings was either assented or pointed out before the Revisional Court or the High Court warranting their interference---Grounds which weighed with the Revisional Court in passing the impugned order duly affirmed by the High Court were extraneous to the mandatory formalities to be adhered to by the Illaqa Qazi in such proceedings--­High Court, therefore, was in error in upholding the order of Izafi Zilla Qazi to remand the case to the Illaqa Qazi for making over the complaint to the local police for report and for personal inspection of the Illaqa Qazi and to conduct an inquiry---Magistrate or the local police could only determine as to whether the proceedings under S. 107/151, Cr.P.C. could be initiated or not depending upon the severity of apprehension of the breach of peace---Petition for leave to appeal was consequently converted into appeal and the orders of Izafi Zilla Qazi and High Court were set aside and the order of Illaqa Qazi was restored. Mazullah Barkandi, Advocate Supreme Court with K.G. Sabir, Advocate-on-Record for Petitioners. Muhammad Zahoor Qureshi, Advocate-on-Record for Respondents Nos. 1 and 2. Imtiaz Ali, A.A.-G. for Respondent No.3. Date of hearing: 15th July, 1999. ORDER MUHAMMAD BASHIR JEHAIJGIRI, J.---This petition for special leave to appeal is directed against…

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