Citation Name: 2023 MLD 1108 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SADIQ vs FAZAL KHALIQ S — 2023 MLD 1108 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 1108 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 1108 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SADIQ vs FAZAL KHALIQ 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

Citation Name: 2023 MLD 1108 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SADIQ VS FAZAL KHALIQ S. 145---Possession, restoration of---Procedure---Mediator, appointment of--- Dispute between the parties was with regard to use of water from natural water spring for the purposes of irrigation of agricultural land---Trial Court and Lower Appellate Court referred the matter to mediators to submit their award---Validity---Powers of Magistrate were not curtailed to pass final order under S. 145(5), Cr.P.C., after holding inquiry in case of failure to pass preliminary order under S. 145(4), Cr.P.C. within two months---Only restriction imposed was that the party to whom possession was restored must have been dispossessed within two months of the complaint---Magistrate while conducting inquiry was not competent to decide either title of property or its right to possession---Magistrate was only empowered to make inquiry under S. 145, Cr.P.C., to regulate possession of property in dispute for the time being to avert apprehension of breach of peace---High Court set aside orders passed by two Courts below and remanded the matter to Trial Court for decision afresh---Constitutional petition was allowed accordingly. Citation Name: 2023 MLD 1108 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SADIQ VS FAZAL KHALIQ Practice and procedure--- Wrong section, mention of---Effect---Piths and substances of an application are to be considered--- Mere wrong section of law or title of application have no bearing on merits of the case.

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