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Criminal Miscellaneous Nos. 4786 and 5016 of 1967, decided on 18th December 1967.
S. 145‑Magistrate finding no apprehension of breach of peace and refusing to take action under S. 145‑Further directions by Magistrate to Police that "S.H.O. concerned should ensure that no breach of peace is committed by any of the parties . . . . ."‑Order of Magistrate, held, without jurisdiction, and set aside.
Abid Hassan Minto for Petitioner.
Raja Muhammad Muzaffar for Respondent.
Rana Maqbool Ahmad for the State.
This is an application by Ghulam Rasool under section 561‑A, Cr. P. C., for quashing the order of a Magistrate 1st Class, Rawalpindi, dated 9‑10‑1967, whereby he held that there was no apprehension of breach of peace and refused to exercise the powers under section 145, Cr. P. C. yet he added at the end the following :‑
"There is no evidence to show that there is likelihood of imminent breach of peace. There is no evidence to the fact that Yousaf Mirza was wrongfully dispossessed from the shop. In view of this, and the case that of being joint possession of both the parties I drop the proceedings, but at the same time it is pertinent to make it clear that both the parties should carry on their ordinary pursuit in the shop amicably so long as the matter is finally decided by the civil Court. I will not allow any breach of the peace over the dispute or possession of the shop. A copy of this order should be sent to the S.H.O, concerned to ensure that no breach of peace is committed by any of the parties and that one party should not disallow the other party to carry on his business in this shop. It would be appropriate if the local police should make arrangements that both the parties should have separate keys of the shop."
2. Mr. Abid Hassan Minto, learned counsel for the peti tioner argues that once the Magistrate finds that there was no apprehension of breach of peace and has refused to take action under section 145, Cr. P. C. he was not competent to give further directions to the police in the matter. This position has been conceded by the learned counsel for the respondent. I would, therefore, set aside the order passed by the learned Magistrate as ineffective and without jurisdiction. Application of Yousaf Mirza automatically stands dismissed.
Petition accepted.
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