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An extract of the relevant provision is produced below: Procedure where dispute concerning land, etc.


The ambiguity in the language and its somewhat strict interpretation by the courts, at times results in the negation of a vested right. The brief facts of the case are that one Muhammad Shafiq was dispossessed of his possession on 1.

The Illaqa Magistrate called report, which was submitted by crpc pakistan in urdu police on The police officer also submitted on 1. The learned Magistrate passed the preliminary order on Subsequently, by order dated Rahimullah, Abdul Hayee and others who were in physical possession of shop on the date the preliminary order was passed.

The extract containing the reasons given by the learned Magistrate is reproduced as under: It shows that the preliminary order was passed 3 months and 17 days crpc pakistan in urdu the date Muhammad Shafiq was wrongfully dispossessed.

Muhammad Shafiq dispossessed of the property moved the Court to take action under this section within two months of his dispossession but my crpc pakistan in urdu predecessor did not pass a preliminary order until after the expiry of 2 months of such possession.

I do not find myself on good legal ground to dilate on the way the proceedings were drawn underCr.

Pakistan Penal Code - Wikipedia

But I feel at this stage, that legally this Court, in these circumstances, has no power to restore possession to Muhammad Shafiq and others who were wrongfully and forcibly dispossessed of their Shop No.

The record shall show that on I hold that according to the above-said citation referred to above by the learned counsel for the petitioner, the application Ex.

The petition was allowed by the High Court setting aside the order of the Additional Sessions Judge and restoring the order of the Magistrate and came to the following conclusion: It has also been noted that the final order passed by crpc pakistan in urdu is without jurisdiction because the respondents were not in possession of crpc pakistan in urdu disputed property within two months next before the making of the preliminary order.

Order of the learned Additional Sessions Judge regarding restoration of possession, therefore, amounts to abuse of process of law and it is necessary to quash it with a view to securing the ends of justice.

Accordingly, it is a fit case for exercise of inherent powers under section A of the Cr.


As a result of the ambiguity in law, litigation reached up to the apex court i. Supreme Court and was finally decided in the year As a result, the poor litigants had to wait for long and spend crpc pakistan in urdu amounts of money on litigation. Similar situations were confronted by the high courts in Pakistan and India.


The individual rights are affected only incidentally. The nature of the inquiry is quasi-civil. It is an incursion by the criminal court in the jurisdiction of the civil Court.

It is, therefore necessary that this incursion should be carefully circumscribed to the extent absolutely necessary discharging the function laid down on the Magistrate of preserving the peace. The provisions of S. The Magistrate crpc pakistan in urdu not enquire into the merits of the claim of the parties or even their right to possess the subject of the dispute.

Crpc pakistan in urdu is only concerned with the question as to who was in actual physical possession on the question as to who was in actual physical possession on the relevant date.

This also indicates that the starting point of the proceedings must be the date when he was satisfied that an apprehension of a breach of the peace existed and not when he received the first information.

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It is clear that the parties have no right to get their dispute adjudicated upon by the Magistrate.

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