AMINULLAH vs Syed Haji MUHAMMAD AYUB S — 2024 SCMR 136 SUPREME-COURT

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AMINULLAH VS Syed Haji MUHAMMAD AYUB S. 145 [as amended by section 44 of the Code of Criminal Procedure (Balochistan Amendment) Act (XV of 2010)]---Dispute concerning land likely to cause breach of peace---Proceedings under section 145, Cr.P.C---Judicial Magistrate, jurisdiction of---Section 145 of the Cr.P.C was amended through the Code of Criminal Procedure (Balochistan Amendment) Act, 2010 with effect from 10.12.2010 and the expression "District Magistrate or Sub-Divisional Magistrate or an Executive Magistrate specially empowered by the Provincial Government in this behalf" was inserted by substituting the omitted expression---Judicial Magistrate in the present case was, therefore, bereft of jurisdiction to entertain the complaint and to exercise the powers under section 145 of the Cr.P.C.---Notwithstanding the lack of jurisdiction, the Judicial Magistrate also did not appreciate that the jurisdictional requirements were not in existence---Respondent, according to his own stance, was not in possession, rather it was handed over to the last tenant---Dispute was not likely to cause a breach of the peace and the respondent, in his complaint, had vaguely made a reference to it without disclosing any justification relating thereto---Protracted proceedings also established that the vague assertion of breach of the peace was merely an attempt to meet the requirement expressly provided under section 145 of the Cr.P.C.---Judicial Magistrate, despite having no jurisdiction to exercise the powers, had virtually adjudicated the title of the property and the right relating to possession in favour of the respondent---Powers exercised in the facts and circumstances of the case in hand were without lawful authority and jurisdiction---Petition was converted into an appeal and allowed and the impugned judgment of the High Court was set-aside.

AMINULLAH vs Syed Haji MUHAMMAD AYUB S — 2024 SCMR 136 SUPREME-COURT

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