Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,22A(3)(b),54,55

Law: Criminal Procedure Code (V of 1898)

Section: 22A,22B,22A(3)(b),54,55

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A & 22-B---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Dispute as to possession of property---Justice of the Peace could issue orders for registration of a case on an application under Ss.22-A & 22-B, ,Cr.P.C. against the respondent but could not direct the police to interfere in the possession of the property---Contention that order of the Justice of the Peace being an administrative order was not amenable to constitutional jurisdiction of High Court was misconceived as an order without jurisdiction and void ab initio, could be challenged in the constitutional jurisdiction of High Court---Order to the extent of direction to police to restore possession of the property to the applicant however, was beyond the ambit of powers conferred on the Justice of the Peace by virtue of Ss.22-A & 22-B, Cr.P.C. Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632 and Haji Mushtaq Ahmad Khan and others v. Government of N.-W.F.P. through the Secretary in the Department of Excise and Taxation, Peshawar and others NLR 2000 Civil 578 ref. JUDGMENT TARIQ SHAMIM, J.---This Intra-Court Appeal is directed against the order dated 19-5-2005 passed by a learned Single Judge in Chamber in Writ Petition No.6096 of 2004. 2. The averments made in the writ petition show that there was a dispute between the appellant and respondents Nos.1 and 2 regarding purchase of cotton on credit by the appellant who failed to pay the cost/price amounting to Rs.1,17,502 and Rs.1,83,500 the total being Rs.3,01,002. The matter was referred to Anjuman Aartian Grain Market Vehari and before the said Anjuman the appellant on 15-6-2004 admitted that he had to pay the said amount to respondents Nos. 1 and 2 and promised to pay the same by 30-6-2004. He further stated that in case he fails to do so, after getting the shop No.56/B Ghalla Mandi Vehari vacated from United Bank Limited, he shall hand over the possession thereof to the respondents at a monthly rent of Rs.8,000 adjustable towards the amount liable to be paid by the appellant till the entire liability was…

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