| Case ID |
03759be5-2ec1-401d-9a35-2b74843666e8 |
| Body |
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| Case Number |
Application No. 62 of 2017 |
| Decision Date |
Jul 04, 2018 |
| Hearing Date |
|
| Decision |
The court dismissed the petition filed under section 561-A, Cr.P.C. The petitioner contended that the proceedings under section 145, Cr.P.C. were illegal due to the existence of ongoing civil litigation. However, the court found that the Magistrate had the authority to act under section 145, Cr.P.C. in cases where there was a likelihood of a breach of peace. The court observed that merely filing a civil suit does not prevent the Magistrate from exercising his powers unless specific conditions such as an interim injunction or the appointment of a receiver are met. The petitioner could not provide evidence of an interim injunction, and thus the proceedings initiated by the Magistrate were deemed lawful. The court upheld the authority of the Magistrate to attach the subject of the dispute and order its custody, leading to the dismissal of the petition. |
| Summary |
In the case of Application No. 62 of 2017, the High Court of Azad Jammu & Kashmir addressed a dispute involving the Criminal Procedure Code (V of 1898). The primary legal issue revolved around whether the Magistrate could proceed under section 145, Cr.P.C., in light of ongoing civil litigation. The court clarified that the presence of civil litigation does not automatically bar the Magistrate's authority unless specific legal conditions are met. The case emphasized the importance of maintaining public peace and order, particularly in property disputes. The decision underscored the inherent powers of the High Court to intervene when necessary to uphold justice and prevent unlawful dispossession. This case serves as a critical reference for future disputes involving property and the intersection of civil and criminal proceedings, highlighting the balance between civil rights and the need for peace in the community. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAZA ALI KHAN, JUSTICE,
MUHAMMAD SALEEM
|
| Lawyers |
Babar Ali Khan,
Ms. Ghazala Haider Lodhi
|
| Petitioners |
Muneeza Begum
|
| Respondents |
Babar Ali Khan
|
| Citations |
2019 SLD 450,
2019 PCRLJ 364
|
| Other Citations |
2004 PCr.LJ 1096,
2013 SCR 115,
1992 MLD 2105,
1983 SCMR 928
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
107,
145,
150,
561A
|