Law: Criminal Procedure Code (V of 1898)

Section: 12(2),145,561A

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 145 & 561-A---Quashing of proceedings---Magistrate had appointed a Receiver ,over the disputed land on the application of the respondent and Sessions Court had dismissed the Revision petition filed by the petitioner against that order---Validity---Civil Court had issued the status quo order in respect of the property in dispute and criminal Court had initiated proceedings under S.145, Cr.P.C. with regard to the same---Criminal Court was not to interfere in the matter of possession of a property where such matter was already being regulated by an order of Civil Court---Respondent in his application moved under S.145, Cr.P.C. had claimed to have sown the land and that petitioner .and others used to cut the crop and further that he had moved the Revenue Court for entry of his name in the column of Khasra Girdawari---Possibility could not be ruled out that the respondent had filed the application under S.145, Cr. P. C. in order to defeat the proceedings before the Civil Court and Court the status quo order in favour of the petitioner---No proceedings under S.145, Cr.P.C. could be initiated on the application of the respondent and the same were quashed accordingly. Shah Muhammad v. Haq Nawaz and another PLD 1970 SC 470; Mst. Nasim Akhtar v. The State and others 1996 PCr.LJ 560; Qazi Gran v. Muhammad Jan and another PLD 1996 SC 541; Hakim Khan and others w. The State and another 1991 PCr.LJ 218; Imdad Khan and 7 other's v. Syed Muhammad Ilyas and 2 others 1971 SCMR 581; Shah Muhammad v. The State and 5 others 1983 SCMR 1173; Muhammad Amin v. Master Bashir Ahmad and others 2006 SCMR 969 and Mehr Muhammad Sarwar and others v. The State and' others PLD 1985 SC 240 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 145---Dispute concerning land etc. likely to cause breach of peace---Extent and scope---Criminal Court not to interfere where possession being regulated by Civil Court---Criminal Court cannot interfere is the matter of possession of a property where such matter is already being regulated by an order of Civil Court. Shah Muhammad v. Haq Nawaz and another PLD 1970 5C 470; Imdad Khan and 7 others v. Syed…

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