Law:

Section:

(a) Criminal Procedure Code (V of 1898)----S. 145---Dispute concerning land, etc. ---Procedure---Scope--¬Question of entitlement of land is not a matter of consideration before a Magistrate while exercising jurisdiction under S.145, Cr.P.C.---Such question is always decided by a Civil Court---Criminal Court is only supposed to determine the factum of actual physical possession on the crucial dates. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 145 & 561-A---Constitution of Pakistan (1973), Art.185(3)--¬Judgment of Sessions Court was well-reasoned and well-founded with reference to the factum of actual physical possession on the spot at the relevant time as provided in S.145, Cr.P.C. and being neither perverse nor a result of misreading or non-reading of evidence could under no circumstances be quashed by High Court in exercise of its extraordinary jurisdiction under S.561-A, Cr.P.C. as an alternative of appellate jurisdiction---High Court had invoked its jurisdiction under S.561-A, Cr.P.C. after the remedy of revision had been exhausted, merely because it had come to a different conclusion on appreciation of evidence---High Court should have interfered only when it was satisfied that the lower Court had caused gross miscarriage of justice amounting to abuse of the process of the Court in appreciation of evidence---Petition for leave to appeal was converted into appeal and accepted in circumstances and the impugned of High Court was set aside and that of Sessions Court was restored accordingly. Khawaja Fazal Karim v. The State PLD 1976 SC 461 and Syed Munawwar Ali Zaidi v. Mst. Qaisar Jehan PLD 1992 SC 406 ref. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Saleem-ur-Rehman son of Khalil-ur-Rehman resident of Tarnab, Tehsil and District Charsdda, through this petition, seeks leave to appeal against the judgment dated 24-6-2002 passed by an Honourable Single Judge of Peshawar High Court, whereby the judgment dated 22-1-2002 given by Additional Sessions Judge-I, Charsadda in Criminal Revision No.18/Cr was quashed under section 561-A, Cr.P.C. 2. Faqir Hussain and others had filed a complaint under section 145, Cr.P.C. against one Khan Bahadur on 1-11-1993 and…

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