1. This is a reference by Syed Abdur Rehman, IV Additional Sessions Judge, Karachi on a revision filed by Amir Ali under section 435 against the order passed by a Sub-Divisional Magistrate at Karachi under section 146 of the Criminal Procedure Code. The dispute relates to Shop No. L.R.-6/6-P-B- IV- 31-G/1, Lawrence Quarters, Old Haji Camp, Karachi. It is alleged that this shop was handed over to Amir Ali, one of the respondents before me, by Rajab Ali and Mst. Khadija Bai, uncle and mother respectively of Mahboob Ali. Amir Ali carried on business of iron scraps in the shop until 26-10-1968.
2. The shop as well as the articles lying therein were sealed by the order of the Sub-Divisional Magistrate passed under section 145 of the Criminal Procedure Code. There was civil litigation also between the parties, and I am informed, by statements at the Bar, that this litigation is still pending.
3. However, not satisfied with civil litigation, Mahboob Ali filed an application under section 145 of the Criminal Procedure Code which was put up before the Sub-Divisional Magistrate concerned who, on 26-10-1968, had the shop sealed by his order. Amir Ali appeared before the Sub-Divisional Magistrate and thereafter proceedings commenced before this officer under sections 145 and 146 of the Criminal Pro cedure Code. But the Sub-Divisional Magistrate examined only four witnesses cited by the police. He did not examine the witnesses cited by Amir Ali or even Mahboob Ali and without examining these witnesses he passed the order under section 146 of the Criminal Procedure Code. In my view, this procedure is irregular. The Sessions Judge has made reference to several decisions of the Courts in Pakistan with regard to the scope of the enquiry under section 146 of the Criminal Procedure Code. There is consensus of judicial opinion that an order under section 146 of the Criminal Procedure Code could be passed only on completion of the enquiry under section 145. But this enquiry was not completed, as the witnesses cited by Amir Ali and Mahboob AH were not examined at all. Accordingly, I accept the reference and quash the impugned order of the Sub-Divisional Magistrate under section 146 of the Criminal Procedure Code. Since litigation is pending in Civil Court, Mr. Hassan Inamullah agrees, and also Mr. A. A. Muhammadalfy, that proceedings under section 145 of the Criminal Procedure Code may remain pending until conclusion of the civil litigation. Order accordingly. . Order accordingly.