1994 PLP 379 (SCMR)

‑‑‑‑Ss. 145 & 107/151‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Complaint under S. 145, Cr.P.C. dismissed by Magistrate on basis of material on record as also by Sessions Court in revision‑‑‑High Court remanding case to Magistrate for decision afresh on merits‑r‑Validity‑‑‑Contention raised in support of petition for leave, was that civil suit had already been filed which was pending adjudication in Civil Court and Magistrate and Sessions Court had found that there was no imminent breach of peace concerning land in question and that High Court should not have interfered in its extraordinary jurisdiction; Magistrate in his tentative observation had stated that respondents were neither owners nor in possession of land in question, thus, there Was no case of imminent breach of peace between the parties; parties had already been bound down under S.107/151, Cr.P.C., respondents had themselves approached Civil Court claiming title of land in question‑‑‑Leave to appeal was granted to consider whether High Court had rightly exercised its jurisdiction in the matter. M. Bilal, Senior Advocate and Ejaz Muhammad Khan, Advocate‑on -Record for Petitioners. Nemo for Respondents. Date of hearing: 7th August, 1993. ABDUL QADEER CHAUDHRY, J.‑‑‑The petitioners seek leave to appeal against the order of Peshawar High Court dated 17‑1‑1993.

2. The facts in brief are that the local police made a report to the learned Magistrate for proceedings under section 145, Cr.P.C. The learned Magistrate summoned both the parties but on the basis of the material placed before him dismissed the complaint filed by the police. It may be noted that the private respondents did not make any complaint to the local Magistrate. The respondents challenged the order of the learned Magistrate in revision. The learned Additional Sessions Judge dismissed the revision petition confirming the order of the learned Magistrate. The respondents then challenged these orders in Constitution petition before the High Court. The learned High Court accepted the petition and set aside orders of the Courts below and directed the Magistrate to proceed with the matter and decide the case on merit.

3. The learned counsel for the petitioners submitted that a civil suit had already been filed and is pending adjudication in the Civil Court and there is positive finding by the learned Magistrate and Additional Sessions Judge that there was no imminent breach of peace concerning the land in dispute. The High Court should have not interfered in his extraordinary jurisdiction. The learned Magistrate in his tentative observation stated that respondents were neither owners nor in possession of the disputed land. Therefore, there was no case of imminent breach of peace between the parties. The parties had already been bound down under section 107/151, Cr.P.C. The respondents his themselves approached the Civil Court claiming the title of the suit land. In view of the above facts leave is granted to consider whether tlp High Court has rightly exercised its jurisdiction in this matter. A.A./M‑1831/S Leave granted.