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Petitioner: LIAOAT ALI VS Respondent: DISTRICT AND SESSIONS JUDGE And Others
Court Name: Lahore High Court Judge(s): Raja Afrasiab Khan Title: LIAOAT ALI vs DISTRICT AND SESSIONS JUDGE And Others Case No.: Writ Petition No.7867 of 1991 Date of Judgment:1991-10-28 Reported As: 1992 P Cr. L J 1470 Result: Petition dismissed
Judgment ORDER An application under section 145, Cr.P.C. Was moved by Liaqat Ali, petitioner, before the learned Illaqa Magistrate requesting him to initiate proceedings for sealing the property in question. After recording evidence, the learned trial Magistrate came to the conclusion that there was no imminent danger of breach of peace and as such the application was dismissed by him on 13-4- 1991. Order of the learned Magistrate was assailed by the petitioner by filing a revision before the learned Sessions Judge, Kasur which was heard and dismissed by him on 17-9-1991. 2. Through this Constitutional petition, validity of the aforesaid two orders has been challenged. It is contended by the learned counsel that proceedings under section 145, Cr.P.C. Were competent and that they cannot be linked with civil proceedings pending before the Civil Court between the parties. 3. I have heard the learned counsel for the petitioner and the learned Law Officer at some length. Admitted position in the case is that the controversy between the parties over the property in question is still pending adjudication before the competent Civil Court. I am of the view that the orders passed by the learned Magistrate on 13-4-1991 and by the learned Sessions Judge on 17-7- 1991 are perfectly valid in law and no exception can be taken thereto. Even otherwise this writ is not competent inasmuch as validity of the impugned order of the learned trial Magistrate was examined on judicial touchstone by the learned Sessions Judge, Kasur in exercise of his revisional jurisdiction. Learned counsel failed to point out any legal infirmity much less jurisdictional defects in the impugned order. There is, thus no substance in this writ petition. It fails and is hereby dismissed in limine. S.A./L-7/L