2007 PLP 294 (YLR)
MUHAMMAD RAFIQUE and another — Petitioners Versus FAQIR MUHAMMAD and 3 others — Respondents
| Citation | 2007 PLP 294 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian Muhammad Najam-uz-Zaman, J |
| Parties | MUHAMMAD RAFIQUE and another — Petitioners Versus FAQIR MUHAMMAD and 3 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 294 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 294 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian Muhammad Najam-uz-Zaman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 294 (YLR) (MUHAMMAD RAFIQUE and another — Petitioners Versus FAQIR MUHAMMAD and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sheikh Naveed Shehryar for Petitioners.
- M.A. Zafar for Respondents.
Headnotes / Summary
Ss.145 & 146
Constitution of Pakistan (1973), Art.199
Constitutional petition
Proceedings under Ss.145 & 146, Cr.P.C., were initiated by Special Magistrate, who, while keeping in view the law and order situation, directed S.H.O. concerned to seal said property
Revision against order of Special Magistrate having been dismissed, by Additional Sessions Judge, same had been challenged -in constitutional petition
Land in dispute was also subject matter of two civil suits and both said suits were pending before competent forum for the last two years and the fate of land in dispute rested upon the decision of said civil suits
In such like situation, instead of interfering with the impugned order, it would be appropriate if the Civil Court was directed to proceed with said matters expeditiously and to decide the cases within specified period. Muhammad Akbar Tarar, Addl. A.-G.
Judgment & Decree
MIAN MUHAMMAD NAJAM- UZ-ZAMAN, J.
With regard to the property i.e. Plot No.151-A situated at Kashmir Road, Ghulam Muhammad Abad, Faisalabad measuring 11 Marlas, 28 Sq. Feet, proceedings under sections 145/146, Cr.P.C. under the title Faqir Muhammad and another v. Malik Abdul Shafique and another' were initiated by learned Special Magistrate, Faisalabad who vide order, dated 8-10-2004 while keeping in view the law and order situation at the site directed the S.H.O. concerned to seal the property. This order was assailed before Additional Sessions Judge, Faisalabad through revision petition which was dismissed vide order, dated 10-5-2006 and through this constitutional petition legality of both the said orders has been challenged.
2. After hearing learned counsel for the parties and perusing the record, I have observed that the land in dispute is also the subject-matter of two civil suits i.e. suit for injunction i.e. "Javed Iqbal v. Malik Abdul Shafique" filed by respondent No.2 and "Muhammad Rafique v. Punjab Housing and Town Planning" filed by the petitioner side. Both the said suits are pending before the competent forum for the last two years and the fate of the land in dispute rests upon the decision of the said civil suits. In such-like situation instead of interfering with the impugned order, it will be appropriate if the civil Court is directed to proceed with the said matters expeditiously and to decide the cases within five months. Orders accordingly. Disposed of. H.B.T./M-478/L Order accordingly.