2009 PLP 211 (YLR)

SYED SHABBAR RAZA RIZVI, J.

The learned counsel has filed this petition under section 561-A, Cr.P.C. against impugned order passed by the learned Judl. Magistrate on 16-7-2008 under section 145, Cr.P.C. The said order was challenged by the petitioner in revisional jurisdiction before the learned Sessions Judge. However, the revision was dismissed by the learned Addl. Sessions Judge, Khushab on 15-9-2008 on the ground that perusal of record showed that the parties were already at daggers drawn over the disputed plot and case F.I.R. No.119 dated 24-6-2008 also was registered at P.S. Katha Sugral.

2. According to the learned counsel for the petitioner the disputed plot is in possession of the petitioner and the learned Judi. Magistrate failed to proceed in the matter as required by procedure laid down in section 145, Cr.P.C.

3. According to section 145, Cr.P.C. "whenever a Magistrate is satisfied from a police report or other information that a dispute likely to cause breach of the peace exists concerning any 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 pleader, within a time to be fixed by such Magistrate and to put in written statement of their respective claims as respects the facts of actual possession of the subject of dispute." The Magistrate is then further required to peruse the statements so put in, hear the parties and receive all such evidence as may be produced by them respectively on the basis of recording or perusing the above mentioned evidence he will decide which of the parties was at the date of the order earlier mentioned was in possession of the disputed property. However proviso (2) of section 145, Cr.P.C. provides under: "Provided also, that if the Magistrate considered the case one of emergency, he may at any time attach the subject of dispute, pending his decision under this section."

4. The order of the Magistrate clearly indicates that parties were bent upon to breach the peace. Already an occurrence had taken place and for that F.I.R. No.119/08 was registered therefore to prevent further violence or breach of the peace, he passed the impugned order. The insistence of the learned counsel for the petitioner that the disputed plot was in possession of the petitioner and procedure under section 145, Cr.P.C. was not followed is not convincing in the above facts and circumstances. As noted above, subsection (4) itself provides an exception, to the inquiry to the possession, etc. I called fresh reports from Tehsildar and S.H.O., which have been submitted today directly in the Court, that also suggest tension between the parties.

5. In view of the above, this Criminal Miscellaneous is dismissed. However, before parting with this order, the learned Magistrate is directed to expedite the inquiry contemplated under section 145, Cr.P.C. to decide the issue as required under the law and rules. H.B.T. /S-123/L Petition dismissed.