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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---Dispute of civil nature---Un-partitioned property---Scope---Petitioner alleged that she was dispossessed from her owned property and sought restoration of her possession over the suit house as well as the property---Validity---Petitioner was admittedly an issueless widow and the property for which the complaint was filed was the property of her husband jointly owned with the respondents---Petitioner could only inherit 1/4th share from the legacy of her deceased husband---Station House Officer of Police, in his report, had not mentioned any aspect of breach of peace---Patwari had reported that the property was jointly owned and no partition had taken place---Foremost requirement for initiation of proceedings under S. 145, Cr.P.C. was the existence of dispute but in the present case dispute was only of civil nature---No apprehension of breach of peace existed---Petitioner had taken contradictory stance regarding the exact date of her dispossession---Jurisdiction of the criminal court could not be invoked except on the ground of likelihood of breach of peace---Petitioner had failed to point out any illegality or infirmity committed by both the courts below while passing impugned judgments---Petition was dismissed. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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