Ch. ASGHAR ALI vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE (WEST) ISLAMABAD S — 2022 PCrLJ 366 ISLAMABAD

Case information

Citation: 2022 PCrLJ 366 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: Ch. ASGHAR ALI vs ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE (WEST) ISLAMABAD S
Subject matter: Criminal
Provisions referred to: S. 145---P; S. 145

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Ch. ASGHAR ALI VS ADDITIONAL SESSIONS JUDGE/EX-OFFICIO JUSTICE OF PEACE (WEST) ISLAMABAD S. 145---Procedure where dispute concerning land, etc., is likely to cause breach of peace---Scope---Petitioner assailed order passed by Magistrate while disposing of proceedings initiated under S. 145, Cr.P.C., whereby possession of the suit property was handed over to the respondent---Held; petitioner, at the relevant time, was relying on an agreement to sell---Petitioner could not produce any document in order to establish his title---Order showed that the Magistrate after taking the relevant matters into consideration had formed a tentative opinion as to who was in possession---Magistrate had not given any finding which could be treated as declaratory in nature---Magistrate was only required to ascertain which of the parties before it was entitled to possession and that was exactly what had happened---No legal infirmity was pointed out to justify interference with the well-reasoned order---Constitutional petition was dismissed.

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