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Criminal Miscellaneous No. 233/Q of 1982, decided on 7th Novem ber, 1982.

----S. 561-A read with S. 145-Quashing of proceedings-Dispute relating to ownership and possession of plot of land-Matter sub judice before Civil Court-Application for quashing of proceedings initiated by police against same contesting parties-Prayer for initiated rejected but in interest of justice to avoid conflicting judgments criminal proceedings suspended till final decision of civil litigation.

Ch. Muhammad Hussain-I for Petitioner.

M. Salim Shad for the State.

Aish Bahadur for Respondent No. 2.

This is a petition under section 561-A, Cr. P. C. by Muhammad Ismail, petitioner, for quashment of proceedings pending against him and one other under section 145, Cr. P. C. in the Court of Sardar Ahmad Zia, M.I.C., Lahore,

2. Muhammad Ismail, petitioner, and Muhammad Sarwar, respon dent No. 2. are real brothers. For some time they were having a dispute with regard to a small plot of nazool land having an area of 7 marlas and 108 sq. ft. bearing Khasra Nos. 2209 and 2210 near Police Station Bhati Gate, Lahore. It is an admitted fact that there are some shops-cum-residential rooms which have been constructed on the said land. Both the contesting parties claim to be lessees of the said land from the Government. There is a dispute between them over its possession. It is the case of Muhammad Sarwar, respondent No. 2, that on 26th March, 1981 Muhammad Ismail, petitioner, trespassed into the said property and took possession thereof and that the police connived at the same. Accor dingly, on 10th May. 1981 he instituted a suit for possession of the said property against Muhammad Ismail, petitioner, and one other, which is presently pending before Mr. Ijaz Ahmad Chaddar, Civil Judge 1st Class, Lahore. It appears that before this suit was instituted, on 25th April, 1981, the police initiated proceedings under section 107/151, Cr. P. C. against both Muhammad Ismail, petitioner, and Muhammad Sarwar, respondent No. 2, regarding breach of peace arising out of the dispute over the same property proceedings, both the opposing parties were asked to furnish bonds for keeping peace for one year 25th May, 1981 the police also initiated proceedings against both parties relating to the same property under section 145, Cr. P. C. The rooms were apparently attached on 27th May, 1981 but the interim attachment was vacated on 10th June, 1981. Muhammad Ismail, petitioner, now desires that the proceedings pending against him under section 145, Cr. P. C. before the trial Magistrate be quashed.

3. I have heard arguments of the petitioner, respondent No. 2 and the State. It appears that the dispute as regards possession is not only sub judice before Mr. Ijaz Ahmad Chaddar, Civil Judge Ist Class, Lahore, in the suit for possession instituted by Muhammad Sarwar, respondent No. 2, against Muhammad Ismail, petitioner, but also before Sardar Ahmad Zia, M.I.C., Lahore, in proceedings under section 145, Cr. P. C. initiated at the instance of the police against the same contesting parties. In the interest of justice, it is necessary that the criminal proceedings pend ing between the parties under section 145, Cr. P. C. be suspended, till the final decision of the civil litigation between them. If this is not done, conflicting judgments may be given by both the Courts regarding the same, matter, which would create further embarrassment for the parties.

4. For the foregoing reasons, the criminal proceedings between Muhammad Ismail, petitioner, and Muhammad Sarwar, respondent No. under section 145, Cr. P. C. in the Court of Sardar Ahmad Zia, M.I.C. Lahore, are suspended pending the final determination of the civil suit which is presently pending before the Civil Judge, Lahore. The prayer for the quashment of the said proceedings is, however, rejected. This petition, therefore, stands partly accepted, in terms of the limited relief granted, as above stated.

5. Both the parties desire that the Civil Judge should be requested to expedite the disposal of the civil suit. The request is reasonable. Mr. Ijaz Ahmad Chaddar, Civil Judge Ist Class, Lahore, is hereby direc ted to dispose of the suit for possession instituted by Muhammad Sarwar, respondent No. 2, against Muhammad Ismail, petitioner, and one other, at an early date.

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