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Criminal Procedure Code (V of 1898),

S. 145‑Breach of peace‑Security proceedings‑Petitioner not asking for any action under S. 145 and denying existence of any apprehension o f breach of peace‑Opposite‑party also not making out a case for action under S. 145‑Magistrate's order sealing property in dispute, in circum stances, held, unjustified Remand of case to Magistrate for proper order not invalid so as to justify interference by Supreme Court.

S. M. Almas Ali, Advocate Supreme Court instructed by Wajid Hussain, Advocate‑on‑Record for Petitioner.

Nemo for Respondents.

Date of hearing : 29th May 1970.

SAJJAD AHMAD, J.‑

A dispute has arisen between the parties over the possession of Pak Oil Flour Mills, Sahiwal, bringing in its wake a crop of civil and criminal litigation, one of which is an action under section 145 of the Cr. P. C. brought by the respondent Muhammad Anwar, which has culminated in the present petition for special leave to appeal. In his application under section 145 of the Cr. P. C. Muhammad Anwar claimed that he and his relations were co‑sharers in the Mill to the extent of 5/16 share, and that in consequence of an arbitration award, an area measuring 53 marlas, with the super structure thereon, was to remain under mortgage with them in lieu of Rs. 33,399, which amount was to be paid by the 12th of November 1966, failing which the land and the buildings thereon were to be deemed to be the property of Muhammad Anwar and his mother. It was alleged that as the payment of the mortgage debt had not been made by the stipulated date, Muhammad Anwar and his relations had taken possession of the factory. The petitioner, on the other hand, claimed that he had remained in possession of the factory all along and that Muhammad Anwar had taken forcible possession of a room in the Mill after the civil Court had ordered maintenance of the status quo in the proceedings that were taken before it for making the award a rule of the Court. He denied that there was any apprehension of a breach of peace between the parties.

The learned Magistrate, who dealt with the application, ordered that the room of which Muhammad Anwar had allegedly taken forcible possession, according to the petitioner's case, be sealed. This order was challenged by Muhammad Anwar in a revision petition in the High Court, which has been accepted by a learned Single Judge, who has remanded the case to the trial Magistrate, with a direction that proper orders be passed in the case after the parties have led their evidence. As remarked by the learned Single Judge in the High Court, if the learned Magis trate found that Muhammad Anwar had failed to make out a case for action under section 145, his application should have been dismissed. But the action taken by the learned Magistrate in ordering the sealing of the room in possession of Muhammad Anwar in the proceedings instituted by the latter, was unjustified, particularly as the petitioner had not asked for any action under section 145, and had also denied any apprehension of breach of peace between the parties. The case has been remanded for a proper order by the learned Magistrate after the parties have led. their evidence, and we do not find any invalidity in that order or justify interference. However, it must be made clear that the observations made by the learned Single Judge in his order under challenge will not, in any manner, prejudice the rights of the parties either in the section 145 proceedings or in any other criminal or civil action, which is pending between the parties regarding the dispute over this factory. This petition stands dis missed.

Petition dismissed.

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