Mureed Hussain Bhatti vs SHO, Police Station Chahlyak Multan etc
This constitutional petition assails the orders of the lower courts dismissing the petitioner's application under Section 145 of the Code of Criminal Procedure 1898 for sealing a residential house in possession of Respondent No. 2. The core legal question was whether a residential house involved in a pending civil dispute and joint ownership can be ordered to be sealed through criminal proceedings. The Lahore High Court held that a residential house currently inhabited and subject to unresolved civil litigation cannot be ordered to be sealed by criminal courts, as criminal courts must not interfere in civil disputes or encourage multiplicity of litigation. The key principle laid down is that matters of ownership and possession of property must be governed by civil laws, and criminal forums cannot be utilized to settle civil property disputes or pressurize parties.
- Can a criminal court order the sealing of a residential house under Section 145 of the Code of Criminal Procedure 1898 while civil suits regarding the property are pending?
- Whether criminal courts should interfere in civil disputes concerning the ownership and possession of property?
- Is it permissible to use criminal proceedings as a tool to resolve joint property disputes between parties?
- Section 145, Code of Criminal Procedure 1898
Assailed herein, the vices of order dated 11.01.2021 passed by learned Special Judicial Magistrate, Multan and judgment dated 03.03.2021 passed by learned Addl. Sessions Judge, Multan whereby , the application under Section 145, Cr.P.0 for sealing of house of Respondent No. 2 as filed by the petitioner was dismissed by the learned Special Judicial Magistrate and the revision preferred thereupon, was also dismissed.
2. Preliminary arguments heard. Record perused.
3. It is straightaway observed in this case that the house in question is a residential house and the petitioner himself has admitted that Respondent No. 2 is residing therein. Another aspect of the case is that the property is joint one which has not been partitioned as yet and suits regarding the same property are also pending subjudice before the learned Civil Courts; It is also a matter of grave concern that a house which is being used for residential purpose cannot be ordered to be sealed. The matters of regulation of ownership and possession of the lands are being well governed by the Civil Laws and the Criminal Courts shall not interfere into the civil disputes of the parties as it amounts to multiplicity of litigation. Moreso, the Courts cannot be used as a tool to derive undue benefits for the purpose of self-satisfaction. In view of the above, both the Courts below have rightly proceeded to pass the impugned orders and this Court finds no illegality or material irregularity in the orders impugned. Therefore, while upholding both the impugned orders, this petition being devoid of any force or substance, is dismissed in limine. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.