1989 P Cr (PLP)

Ataullah Khan for Petitioner M.A. Aziz Khan for Respondents Nos. 1 and

2. A.K. Jatoi for the State. This is an application under section 561‑A, Cr. P.C. for the quashment of proceedings pending against the applicant and respondent Muhammad Rafiq under section 145 Cr. P. C. before the S.D.M. Bin Qasim, Karachi. The brief facts giving rise the present application are that on 11-6-1988 respondents Ghulam Rabbani and Muhammad Hanif moved an application to the Deputy Commissioner Karachi (East) inter alia alleging, therein that on the plot which was situated at near about Qaidabad and for which the case is already pending on Muhammad Rafique had started dismantling lights grills lyes guilts and other things and same are lying in the open sky in the same park. That on 10‑6 -1988 at mid‑night Muhammad Rafique brought the truck bearing No. LS‑3470 for taking away the articles lying in the park but due to intervention of the people of this area the same was saved, necessary action may be taken against him. This application was forwarded to the S.D.M. Bin Qasim Karachi who passed an order under section 145, Cr.P.C. and attached the property in question. Later on the applicant filed written statement before the learned Magistrate and also produced the status, quo order issued by the learned VIth Senior Civil Judge, Karachi (East) in respect of the disputed land. However, the learned S.D.M. was pleased to confirm the interim order and direct that the parties should produce their respective evidence. The present application has been filed for the quashment of the above proceedings. I have heard Mr. Attaullah learned counsel appearing for the applicant and Mr. MA. Aziz Khan learned counsel appearing for the respondents 1 and

2. It was contended by Mr. Attaullah Khan learned counsel appearing for the applicant that the respondents 1 and 2 had no locus stand in the matter and they were not necessary parties in the proceedings, It was further contended that in view of the fact that the possession of the disputed property was regulated by the Civil Court in Civil Suit on 21‑11‑1987 the subsequent proceedings under section 145, Cr.P.C. initiated on 11‑6‑1988 were mala fide, incompetent and without jurisdiction. Mr. MA. Aziz Khan learned counsel appearing for respondents Nos. l and 2 contended that the land in dispute was a public park and therefore the respondent 1 and 2 had intimated the authorities about the removal of articles by respondent No. 3 he has further contended that the respondents Nos. 1 and 2 were interested parties and the proceedings under section 145 Cr. P .C were maintainable Mr A. K. Jatoi has supported the quashment application. I have considered the contentions of the learned counsel Section 145, Cr. P.C. reads as under:- (1) Whenever a District Magistrate Sub-Divisional Magistrate or Magistrate of the First Class is stratified from a police report or other information that a dispute likely to caused such of peace exists concerning a land or water or the boundaries. Thereof within the local limits of his jurisdiction he shall make an order in writing stating, the grounds of being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pader to file written statements of their respective claims as‑respects the of actual possession of subject of dispute. The brief reading of the above section view that in order or initiate proceedings under section 145, Cr.P.C. it was necessary. That there should be boundaries thereon between certain parties. In the present case there is nothing to show that there was any likelihood of breach of peace between applicant and respondent No. 3 on one hand and respondents Nos. 1 an 2 on the other hand. Of course the respondents Nos. 1 and 2 had done their duty which must be appreciated by informing the administration about misconduct of the respondent No. 3 but since they had no personal interest in the property and there was no question of likelihood of breach of peace between the two parties and the possession was regulated by the civil court as mentioned supra the proceedings under section 145, Cr. P.C. were misconceived and not maintainable. I, therefore allow this application and quash the proceedings pending against the respondent No.3 and applicant before the learned S.D.M: Bin. Qasim, Karachi. M.Y.H./A‑499/K Proceedings quashed.