1. ' Nawab Ali and others, petitioners being owners in possession of the disputed property moved a complaint under section 145, Cr.P.C. Against Muhammad Ajan and others respondents, before the learned Judicial Magistrate, Mardan wherein it was alleged that the respondents are making interference in the possession of the petitioners, hence they be restrained. The S.H.O. Of the Maqa submitted his report wherein existence of a dispute between the parties over the suit-land was certified. The learned Magistrate on police report passed preliminary order of attachment. The respondents submitted an application for withdrawal of the attachment order but the same was not accepted and the application of the respondents was dismissed vide order, dated 24-1-.2004.
2. The respondents went in revision against the aforesaid order before the learned Additional Sessions Judge-IV, Mardan, who vide his impugned order, dated 28-2-2004 not only set aside the order of attachment passed 'by the trial Magistrate but also dismissed the very complaint under section 145, Cr.P.C. Filed by the petitioners. Hence this petition under section 561-A, .Cr.P.C.
3. ' Perusal of the record reveals that' the petitioners are owners of the suit-land as per Revenue Record. The respondents are tenants under them and entries in the Revenue Record are also recorded to this effect. In the circumstances when there was existing the relationship of the landlord and tenant between the parties and when the local police had already taken preventive measures under, section 107/151, Cr.P.C. Against both the parties, then the order of attachment passed by the learned trial Magistrate was not required and the same has rightly been set, aside by the learned revisional Court.
4. ' However, so far as the dismissal of the very complaint of the petitioners by the revisional Court is concerned, the orders of the revisional Court to this extent are illegal and not sustainable because B neither any written statement was filed by the respondents nor any evidence pro and contra was yet recorded by the trial Magistrate to form a definite conclusion about the genuineness and bona fide of the complaint filed by the petitioners.
5. ' In the aforesaid circumstances, the impugned order of the learned Additional Sessions Judge, Mardan is set aside to the extent of dismissal of the complaint of the petitioners whereas to the extent of setting aside the attachment order is maintained. The learned trial Magistrate is directed to proceed further with the case in, accordance with law. As the respondents per Revenue Record are holding possession of the suit-land as tenants under the petitioners, therefore, their possession shall not be interfered with till the final decision of the complaint or till the time when they are not ejected under due process of law by a competent Court.
6. ' This petition is disposed off accordingly.