Syed ALI KAUSAR ZAIDI vs MUHAMMAD SHAFIQUE and others
This petition for special leave to appeal challenged a Lahore High Court judgment that dismissed the petitioner's constitutional petition regarding criminal proceedings. The petitioner had initiated criminal charges under sections 452, 448, 457, 148, 147, and 380 of the Pakistan Penal Code 1860, which resulted in the respondents' acquittal by a Magistrate under section 249-A of the Code of Criminal Procedure 1898. The petitioner's subsequent revision petition was dismissed by the Additional Sessions Judge, and the High Court similarly dismissed his constitutional petition. The core legal issue concerned whether the High Court's dismissal of the constitutional petition was justified given the underlying facts. The Supreme Court observed that the criminal case arose from a property dispute where prior proceedings under section 145 of the Code of Criminal Procedure 1898 had already determined the respondents were in possession of the property. Furthermore, a civil suit regarding the same property was pending. Consequently, the Supreme Court held that the case was not a fit matter for its interference and dismissed the petition, affirming that criminal courts should not be used to settle disputed property possession already subject to civil litigation.
- Is it appropriate for the Supreme Court to interfere in criminal proceedings where a civil suit regarding the same property is already pending?
- Can criminal proceedings be utilized to resolve a dispute over the possession of property when prior proceedings under section 145 of the Code of Criminal Procedure 1898 have already determined possession?
- Section 452, Pakistan Penal Code 1860
- Section 448, Pakistan Penal Code 1860
- Section 457, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 249-A, Code of Criminal Procedure 1898
- Section 145, Code of Criminal Procedure 1898
ORDER
' SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the judgment dated 3-2- 1985 of the Lahore High Court whereby the constitution petition of the petitioner was dismissed.
2. On the basis of an F.I.R. Lodged by the petitioner, respondents Nos.1 to 4 and one other were challaned in the Court of a Magistrate at Lahore in respect of offences under sections 452, 448, 457, 148, 147 and 380 of the Pakistan Penal Code. On the application of the said respondents, the learned Magistrate acquitted them under section 249-A, Criminal Procedure Code. The petitioner filed a revision petition before the Additional Sessions Judge but it was dismissed in limine. He then filed a constitution petition in the High Court which met the same fate.
3. The criminal proceedings arose out of a dispute over possession of a house situate at Fatch Sher Road, New Muzang, Lahore. It appears that prior to the registration of the criminal case, the local police had initiated proceedings under section 145, Criminal Procedure Code. These proceedings ended in favour of the respondents with the finding that the property in dispute was in their possession at the relevant time. A civil suit is already pending between the parties with regard to the same property. In the circumstances, we do not think this a fit case for interference by this Court. The petition is dismissed. 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.