Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, (V of 1898), S. 145--Question of possession--Compromise--Proceedings u/S. 145 Cr.P.C. cannot be compromised nor can they be submitted to arbitration--Question of possession can be settled by the compromise but the question of title cannot be settled in proceedings u/S. 145 Cr.P.C.--Order accordingly. [P. 1124] A & B Criminal Procedure Code, 1898 (V of 1898)-- ----S. 145(6)--Competent to discharge the proceeding--Magistrate--Scope of--Party in possession to retain possession until legally evicted--Delivery of possession--Magistrate is only competent to discharge proceeding but he cannot pass an order with regard to delivery of possession under S. 145(6) Cr.P.C. [P. 1124] C Criminal Procedure Code, 1898 (V of 1898)-- ----S. 145(5)--Scope of--Competency to proceed--Possession--Validity--Magistrate is not competent to proceed further in the matter handing over the possession of the property in dispute beyond scope of S. 145(5), Cr.P.C. and Addl. Sessions Judge was also not competent to remand the case--Held: Magistrate shall be deemed to have been passed u/S. 145(5) Cr.P.C. and proceedings before him shall be deemed to have been ended. [P. 1125] D & E AIR 1929 Nagpur 285 & AIR 1923 Allahabad 77, ref. Order This writ petition has been filed to call in-question the order dated 10.02.2005 passed by the learned Addl. Sessions Judge, Rawalpindi in its revisional jurisdiction. 2. Facts giving rise to the present writ petition are to the effect that the proceedings under Section 145 Cr.P.C. had been pending before the Illaqa Magistrate of Police Station Cantt. Rawalpindi, with respect to the dispute over the possession of the `Petrol Pump' named as Chawala Petrol Pump and Super Service Station, 13/A the Mall, Rawalpindi alongwith Bungalow No. 268/B, the Mall, Rawalpindi. These proceedings were initiated on the receipt of the report, sent by the police along with Qalandara under Section 145 Cr.P.C. on the written application of Nisar Ahmed Siddiqui the present petitioner. After receipt of the police report the parties were summoned and after hearing both the parties and having apprehending…

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