Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------Ss. 561-A & 145---Constitution of Pakistan (1973), Art. 185(3)---Where a matter stood concluded by exercise of revisional jurisdiction at Sessions Court level, it would be very difficult to make out a case for further interference by High Court under S.561-A, Cr.P.C.---Strict conditions laid down in S. 561-A, Cr.P.C. having not been satisfied in the case, petition for leave to appeal merited dismissal on this ground alone. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 145---Constitution of Pakistan (1973), Art. 185(3)---High Court had found Sessions Court's decision unexceptionable on factual aspects---High Court had also held that actually dispute between the parties was the subject­matter of civil litigation which was pending before Civil Court and that important condition of likelihood of breach of peace which should pre-exist for taking action under 5.145, Cr.P.C. did not exist in the case---Decisions of Sessions Court and High Court were found unexceptionable---Leave to appeal was refused in circumstances. ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought against the dismissal by the High Court of an application under section 561-A, Cr.P.C. A learned Magistrate held in favour of the petitioner that he had been dispossessed within two months of the relevant date. The learned Sessions Court reversed this finding in its revisional jurisdiction. The petitioner then finding no other remedy sought interference under section 561-A Cr.P.C. by the High Court: In such case where a matter stands…

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