1983 P Cr (PLP)

‑‑--Ss. 145 & 561‑A‑Quashment of proceedings‑Proceedings under S. 145‑Preventive proceedings to avoid breach of peace‑Powers of High Court to set aside orders of subordinate Court, held, wide if such orders likely to result in abuse of process of any Court/or otherwise to secure ends of justice. Syed Ansar Hussain for Applicant. Samiuddin Ahmed Sami for Respondent No.

1. Date of hearing : 18th October, 1982, The applicant has filed the above petition for quashment of proceedings under section 145, Cr. P. C. against him in the Court of S. D. M. Liaquat abad, Karachi, on the facts and grounds mentioned in the above petition: The learned Advocate for the applicant in support of the above petition drew my attention to the complaint lodged by the respondent under section 145, Cr. P. C., which is at page 23 of the above file and submitted that this complaint does not disclose even threatened breach of peace between the parties on account of dispute in question, and as such initiating of the proceedings by the learned S. D. M. Liaquatabad, Karachi, on the basis of such complaint were without jurisdiction and amounted to abuse of the process of the learned trial Court. The learned Advocate appearing for the respondent on the other hand submitted, that although the complaint does not disclose threatened breach of peace specifically, but the police investigation on the basis of the said complaint which resulted in submission of the report to the S. D. M. in question, gave details of the threatened breach of peace and consequently the initiating of the proceedings by the learned Magistrate on the basis of such report was fully justified. The learned Advocate for the respondent further submitted that in fact the proceedings under section 145, Cr. P. C. have been concluded and the possession of the premises in question has been handed over to the respon dent by the S. D. M. Liaquatabad Karachi, vide order dated 2nd January, 1982 and the said order was not challenged by the applicant before any superior Court and as such it stands in the favour of the respondent. The learned Advocate for the respondent further pointed out that respondent has also filed the Civil Suit No. 36:>2 of 1982 in the Court of 25th Civil Judge at Karachi, in which status quo order regarding possession of the premises in question had been passed in favour of the respondent. In view of these facts the learned Advocate for the respondent submitted, that the above petition is not maintainable. I have taken into consideration the above submissions made by the learned Advocates before me and have gone through the cases namely P L D 1964 S C 829, P L D 1971 Lah: 766 and 1973 P Cr. L J 307 cited by the learned Advocates before me. I have also perused the English translation of the complaint filed by the respondent, in the Court of S. D. M. Liaquat abad which is available at page 23 of the above petition. The complaint filed by the respondent does not even allege the possibility of breach of peace as a result of dispute between the parties. In spite of this the learned S. D. M. Liaquatabad, Karachi, perhaps on the basis of some police report, as alleged by the respondent initiated proceedings under section 145, Cr. P. C. and passed an order under section 145(4), Cr. P. C. and sealed the premises in question and ultimately by his order dated 2‑1‑1982 unsealed the premise and handed over the possession thereof to the respondent. Prima facie it seems that the proceedings initiated before the learned S. D. M. Liaquatabad, Karachi have come to an end by passing of order dated 2‑1‑1982 and as such the contention of the learned Advocate for the respondent, that the quashment of such proceedings at this stage does not arise, requires consideration. The proceedings under section 145, Cr. P. C. are in nature of preventive proceedings to avoid breach of peace between the parties in respect o disputes arising out of possession of immovable properties. However, the powers of this Court under section 561‑A, Cr. P. C are wide enough to set aside orders passed by the Subordinate Courts, if such orders are likely to result in the abuse of the process of any Court and/or otherwise to secure the ends of justice. The Civil litigation in respect of very property is also admittedly pending between the parties. Keeping in view the above facts and position and in view of my observa tions, that the complaint filed by respondent did not warrant initiating o the proceedings under section 145, Cr. P. C., I would quash the said proceedings and all orders passed in pursuance thereof; as the initiating of the said proceedings and the orders obtained in pursuance thereof in my opinion amounted to the abuse of the process of the learned trial Court. However, since there is an interim order passed by a competent civil Court in respect of the premises in favour of the respondent, the learned S. D. M. Liaquat abad, Karachi, shall not take any further steps on the basis of this order, as long as the interim orders passed in suit No. 3625 of 1982 in favour of the respondent are in force. Proceedings quashed.