1998 P Cr (PLP)
YOUNAS — Petitioner Versus ADDITIONAL SESSIONS JUDGE,
| Citation | 1998 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | YOUNAS — Petitioner Versus ADDITIONAL SESSIONS JUDGE, |
Q1: What are the key laws and sections cited in 1998 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 P Cr (PLP) (YOUNAS — Petitioner Versus ADDITIONAL SESSIONS JUDGE,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Zia-ud-Din Ahmad Qamar for Petitioner.
- Muhammad Zakria Sheikh for Respondents.
Headnotes / Summary
Art. 199
Criminal Procedure Code (V of 1898), S.145
Stay of proceedings under S.145, Cr.P.C.
Constitutional jurisdiction, exercise of-- Dispute with regard to administration of mosque in question having arisen between parties, Courts below initiated proceedings under S.145, Cr.P.C. and sealed the mosque in question
Parties who settled the matter amicably, submitted written agreement arrived at between them and requested to decide the matter in dispute in the light of agreement arrived at between parties
High Court in exercise of Constitutional jurisdiction, directed that agreement arrived at between parties be made integral part of order of the Court and the mosque be desealed forthwith.
Judgment & Decree
Date of hearing: 21st May, 1996. Muhammad Younas petitioner filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 against Additional Sessions Judge, Chichawatni and 16 others with the prayer that the sealing of mosque known as Jamia Ghausia, Mohallah Gharib Abad, Chichawatni be declared as illegal, void, without lawful authority and jurisdiction. It was further prayed that the orders, dated 11-6-1995 and 4-10-1.995 passed by learned Magistrate and the learned Additional Sessions Judge Chichawatni respectively be quashed and proceedings before the learned Magistrate 1st Class, Chichawatni be also stayed till the decision of the Civil Court and this Court.
2. Brief facts which are essential for disposal of this writ petition are enumerated as under:-- "(1) Ghausia Mosque is situated in Mohallah Gharib Abad (Ahmad Nagar), Chichawatni. A dispute arose between Sunni Tehrik and Sepah-e -Sohaba about the administration of the mosque and solemnization of different rites in. the premises of the mosque. Apprehending immediate breach of peace over, he possession of Ghausia mosque, D.S.P. Chichawatni sent a report to the Magistrate, respondent No.2 who took cognizance and initiated proceedings under section 145, Cr.P.C. The Magistrate conducted a preliminary enquiry and asked the parties to put in written statements of their respective pleas in respect of actual possession of the subject-matter of the dispute. In the meanwhile the mosque was attached and sealed under orders of the Magistrate. Petitioner and others filed an application for stay of proceedings under section 145, Cr.P.C. on the ground that the matter was pending adjudication before the civil Court. The prayer was refused. Additional Sessions Judge, Chichawatni vide his order, dated 4-10-1995, upheld the order of the learned Magistrate, dated 11-6-1995. Hence this petition. "
3. During the arguments before this Court the parties decided to settle the matter amicably and sought an adjournment which was granted.
4. Today the parties have submitted written agreement 'marked "A" and requested that the petition be decided in the light of the agreement.
5. I have heard the learned counsel for the parties at length and have given my anxious thought to the circumstances of the case. I have considered the contents of, the agreement, dated 21-5-1996 executed between the parties mark `
6. Keeping inn view the special circumstances of this case, I direct that mark "A" be made an integral part of this order. The mosque will be desealed forthwith. The parties shall conduct themselves in respect of the mosque as agreed and jotted down in the agreement deed, mark "A". The proceedings shall stand transferred from the Court of Ilaqa Magistrate, Chichawatni to the Court of A.C. Sahiwal who shall complete the same within six months of the receipt of; his order and the record from Ilaqa Magistrate, Chichawatni.
7. With these directions this petition stands disposed of. Office is directed to send a copy of this order and relevant record to A.C. Sahiwal for further proceedings in accordance with law. H.B.T./M-667/L Order accordingly.