Mst. BINA SHAHZADA vs RAUF KHAN S — 2022 PCrLJ 821 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 821 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: Mst. BINA SHAHZADA vs RAUF KHAN 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

Mst. BINA SHAHZADA VS RAUF KHAN S. 145---Procedure where dispute concerning land is likely to cause breach of peace---Scope---Section 145, Cr.P.C. is a beneficial section enacted with the express object of preserving the peace---For the attainment of said object emergency provision for attaching the subject-matter of dispute has been provided in it---Under this section the criminal court can only pass a temporary order and the rights of the parties in fact are to be settled by the civil courts---Judicial requirements for assumption of jurisdiction under S. 145, Cr.P.C. are; (a) existence of a dispute; (b) such dispute is likely to cause breach of peace; (c) dispute is concerning land, water, building, markets, fisheries, crops or other produce of the land, the rents or profits of such property; and (d) dispossession if alleged is within two months prior to the initial order passed by the Magistrate. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

2022 PCrLJ 296 LAHORE-HIGH-COURT-LAHORESAEED VS State art. 22---Identification parade---Object---accused not known previously---Effect---If complainant does not know accused prior…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State S. 50---General Clauses Act (X of 1897), S. 26---Provision as to offences punishable under two or more enactments---Rel…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State S. 497---Expressions "appears" and "brought"---Scope---Expression "appears" means appears in response to a summon by Co…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition of offences committed in relation to information system, Paki…
2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State Ss. 344 & 497---Penal Code (XLV of 1860), Ss. 295-B, 298-C, 120-B, 34 & 109---prevention of electronic Crimes Act (XL o…
2022 PCrLJ 203 LAHORE-HIGH-COURT-LAHORESHERAZ KHAN VS State Preamble, Ss. 27, 28, 30, 36, 44 & 50---Legal recognition ofoffences committed in relation to information system, Pakis…

Back to the case-law library · Search Pakistani case law in Urdu or English