JAVAID IQBAL vs MUHAMMAD DIN and another

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought against the dismissal by the High Court of an application under section 561-A, Cr.P.C.

2. ' A learned Magistrate held in favour of the petitioner that he had been dispossessed within two months of the relevant date. The learned Sessions Court reversed this finding in its revisional jurisdiction. The petitioner then finding no other remedy sought interference under section 561-A Cr.P.C. By the High Court. In such case where a matter stands concluded by the exercise of criminal revisional jurisdiction at the Sessions Court level, it would be very difficult to make out a case for further interference by the High Court under section 561-A, Cr.P.C. The strict conditions laid down therein are not satisfied in this case. Accordingly on this ground alone this petition merits to be dismissed. However, as the High Court did not dismiss the petitioner's application under section 561-A, Cr.P.C. On the said ground and dealt with the merits, we heard the learned counsel on that aspect of the case. It has been found as a fact by the learned Judge in the High Court that the decision on factual aspects rendered by the Sessions Court was unexceptionable. It was also held that the dispute between the parties in reality was the subject-matter of civil litigation and that the same was pending before the Civil Court. Further it was held that important condition; namely, that there should be likelihood of breach of peace which should pre-exist for taking action under the said provision, did not exist in this case.

3. ' After hearing the learned counsel in support of the points raised in this petition we find the decision of the Sessions Court and impugned judgment rendered by the High Court are unexceptionable. Leave to appeal, accordingly, is refused.