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Criminal Miscellaneous No.933 of 1981 , decided on 15th November, 1982.
---Ss.145, 561-A & 439--Proceedings under section 145--Quashing of Proceedings initiated after lapse of two months from dispossession--Proceed ings, held,. not maintainable.
Attaullah Khan for Applicant No.1.
Abdul Muneem Khan for Applicant No.2.
M. L. Shahani for Respondent No.1.
Aga Ghulam Ali for State.
The learned Advocates present before me admit that the second proceedings initiated under section 145, Cr.P.C. on 31st January, 1981 by respondent No.1 out of which Revision Application No.241 /81 arose, were not maintainable, as the same were filed after the lapse of 2 months from alleged dispossession and consequently the order dated 29th November,1981 of the learned VIIth Additional Sessions Judge, Karachi allowing the revision application No.24ld8l and remanding back the said proceedings as well, to the learned Magistrate was not justified and cannot be sustained. I agree with this contention of the learned Advocates and consequently the order, dated 29th November, 1981 of the learned VIIth Additional Sessions Judge, Karachi as far as it relates to Revision Application No. 241 /81 is hereby set aside, in the interest of justice.
All the learned Advocates who are present before me agree, that a remand order passed in respect of Revision Application 29/80 in respect of proceedings initiated on 31st October, 1979, under section 145, Cr.P.C. by the respondent No.1, out of which the said revision arose, they would have no grievance in respect of the said order, if the learned trial Court is directed to dispose of the said proceedings on remand, within reasonable time and pass necessary order even in respect of the sealed premises, within such time.
I have carefully considered the above submissions made by the learned Advocates for the parties before me and have gone through the impugned order, dated 29th November, 1981 of the learned VIIth Additional Sessions Judge, Karachi.
In view of the above statements of the learned Advocates of the parties made before me, I set aside the order, dated 29th November, 1981 of the learned VIIIth Additional Sessions Judge, Karachi as far as it relates to Revision Application No.241 /81 only and maintain the rest of R the said order in respect of Revision Application No.29/80, as well as. sealing of the premises in question, pending disposal of the 145, Cr.P.C. proceedings by the learned Magistrate, on remand.
The learned Advocates for the parties are directed to appear before the learned Magistrate on 4th December, 1982 and the learned Magistrate is directed to dispose of the said proceedings under section 145, Cr.P.C. within one month, from said date, after giving opportunity to both the parties to lead evidence and thereafter to dispose of the said proceedings and while disposing of the said proceedings to pass appropriate orders for handing over possession of the sealed premises to either party, as he may deem fit on the basis of his conclusions and findings.
The above petition stands disposed of in terms of the above order.
M. Y. H. Order accordingly.
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