Law:

Section:

Criminal Procedure Code (V of 1898)----S.145---Constitution of Pakistan (1973), Art. 185(3)---Attachment of property---Inquiry into last possession over the property ---Pendency of civil suit before Civil Court---Criminal Court attached the disputed property on the apprehension of breach of peace---Appellate Court remanded the case to the Criminal Court for determination of the last possession over the disputed property two months prior to the institution of the proceedings under S.145, Cr.P.C.---High Court, in exercise of Constitutional jurisdiction maintained the order passed by the Appellate Court---Contention of the petitioner was that the Appellate Court could not remand the case to the Criminal Court as the matter was pending before Civil Court---Validity---No order of temporary injunction had been passed in favour of the petitioner to secure his possession---Observation of the High Court that mere pendency of civil suit regarding property in dispute would not be sufficient to oust the jurisdiction of the Criminal Court in circumstances did not suffer from any illegality--­Appellate Court had rightly pointed out that the Criminal Court was concerned with the position- as to the possession within two months of the commencement of the proceedings under S.145, Cr.P.C. which point having not been decided by the Criminal Court the remand of the case for that purpose did not suffer from any illegality---Supreme Court declined to interfere with the order passed by High Court---Leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---This petition is directed against the judgment dated 1-11-2001 of the Lahore High Court, Lahore whereby writ petition filed by the petitioner against the order of the learned Additional Sessions Judge has been dismissed. 2. Respondent No. 4 initiated proceedings before the Magistrate on 26-3-1999 under section 145, Cr.P.C. in which an interim order was passed for attachment of the property in dispute on the ground that there was danger of breach of peace as both the parties were in contest with each other about the title and possession of the land. On the application of the petitioner, the said order was withdrawn against which…

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