' This is an application under section 561-A, Cr.P.C. For the quashment of the proceedings under section 145, Cr.P.C., pending before the Court of Additional District Magistrate Mirpur.
2. The facts giving rise to the present petition are that Abdul Majecd etc. Through the petitioners filed a suit for declaration in the Court of learned Sub-Judge Mirpur regarding the land bearing survey Nos. 1074 min, 1073 min and 1102 situated in village Sonkiah Tehsil Mirpur. Interim injunction was also issued against the non-petitioners that they should restrain from interfering with the possession of the petitioner in the above-said land.
3. Other two suits regarding the aforesaid land were also filed by Muhammad Aslam (non- petitioner) against the petitioners in the Court of Sub-Judge Mirpur. In both of these two suits the interim injunctions were issued against the petitioners, that they should restrain from interfering with the possession of the non-petitioner.
4. On 23rd July, 1990, an application under section 145, Cr.P.C., was moved by the non-petitioner regarding the same land before the Court of ADCG, who vide his order dated 24th April, 1990, passed the order for the interim attachment of the above-mentioned land. Instead of appearing before the learned ADCG and filing objections before the learned Magistrate the petitioners have invoked the jurisdiction of this Court under section 561-A, Cr.P.C. To seek the quashment of the proceedings pending before the learned Magistrate.
5. The learned counsel for the petitioners argued that three civil suits are sub-judice in the Court of Sub-Judge Mirpur. In all three suits the learned Sub-Judge has issued interim injunction and restored the possession, while the non-petitioner who has filed an application under section 145, Cr.P.C, himself, filed the two civil suits and obtained the interim injunction. In the presence of the interim injunction issued by the Civil Court the learned ADCG could not proceed under section 145, Cr.P.C.
6. On the other hand, the learned counsel for the non-petitioner argued that by merely filing of the civil suits the jurisdiction of the learned Magistrate under section 145, Cr.P.C., cannot be ousted. The learned Magistrate has jurisdiction under section 145, Cr.P.C., to maintain the peace and attach the property.
7. I have considered the arguments advanced by the learned counsel for the parties and have perused the record of the case.
8. Section 145, Cr.P.C., postulates a situation where there was likelihood of breach of peace on account of dispute concerning the land, the Magistrate is empowered to record his satisfaction and pass a preliminary order by fixing a time and ask the party to put his claims. The essential requirements of section 145, Cr.P.C., are that the Magistrate should inquire into the actual physical possession of the land and should also inquire whether there was imminent danger of breach of peace on account of dispute of possession of the land and if he is so satisfied, then he can, of course, pass an order regarding attachment of the land in dispute.
9. Where the parties to the dispute were already before the Civil Court, contesting their title, and the possession has been regulated by the Civil Court by an interim injunction and the other party is directed to restrain from interfering in the possession, it is not permissible for the Magistrate to interfere in the possession regulated by the Civil Court.
10. This restriction is imposed on the jurisdiction of a Magistrate under section 145, Cr.P.C., in order to avoid conflicting decisions. If the Civil Court decides the matter in favour of one party and the Magistrate decides it in favour of the other party, then there will be conflicting decisions. It is the duty of the Magistrate to honour the order of the Civil Court and to refrain from acting in derogation by passing the order of attachment. This view finds support from PLD 1984 AJ&K 15 and 1983 P Cr. L J (SC AJK) 2590.
11. In the present case, there are three civil suits pending about the same land between the same parties, in the Court of Sub-Judge, Mirpur and in all the C three suits, the learned Sub-Judge has issued interim injunctions. Thus, in presence of the interim injunctions issued by the learned Sub- Judge, Mirpur in all the three suits, proceedings under section 145, Cr.P.C. Cannot be continued.
' In view of the above listed position, the application succeeds and the proceedings under section 145, Cr.P.C. Lying before the Additional District Magistrate, Mirpur, are hereby quashed.