| Case ID |
0b026423-fb6c-4ea7-baaf-d3392c0c0ce5 |
| Body |
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| Case Number |
Writ Petition No. 23200 of 1998 |
| Decision Date |
Oct 25, 1999 |
| Hearing Date |
Oct 25, 1999 |
| Decision |
The Lahore High Court restored the order of the Magistrate, which had dismissed the application filed under Section 145 of the Criminal Procedure Code regarding the turbine, citing that the Magistrate's order did not suffer from any jurisdictional infirmity or legal misstep. The Court emphasized that the subject matter was already regulated by a stay order from a Civil Court, and as such, proceedings under Section 145 were not encouraged. The Court concluded that the Additional Sessions Judge had no lawful justification to interfere with the Magistrate's decision, thereby allowing the writ petition and declaring the Sessions Judge's order without lawful authority. |
| Summary |
The case revolves around a dispute concerning a turbine (tube-well), a joint property owned by the parties involved. The original application for proceedings under Section 145 of the Criminal Procedure Code was dismissed by the Magistrate, who found no reasonable justification for attaching the turbine. The Sessions Judge's interference was deemed unjustified as the matter was already under civil litigation, emphasizing the principle that criminal proceedings should not interfere with civil matters. The High Court's decision restored the Magistrate's order, highlighting the importance of jurisdiction and procedural integrity in legal proceedings. This case underscores the significance of understanding the interplay between criminal and civil jurisdictions, especially in disputes involving shared property. It serves as a critical reference for similar cases dealing with property disputes and the applicable legal frameworks. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA, J
|
| Lawyers |
Ghulam Hussain Malik,
M. A. Zafar,
Nemo
|
| Petitioners |
Alam Sher
|
| Respondents |
others,
SUBA
|
| Citations |
2001 SLD 851,
2001 PCRLJ 60
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
145,
199
|