S.M. ZUBAIR, J.- This petition under Section 561-A Cr. P.C. Is directed against the order of the learned Addl. Sessions Judge, Chiniot (Rao Hamid Mukhtar Khan) dated 26.1.1993 because no second revision is available in view of Section 439-A Cr. P.C.
2. The brief facts relevant for the decision of this case are that on the report of SHO Police Station Bhowana, proceedings under Section 145 Cr.P.C, were taken against Gama and others on the one side and Lai son of Bahu on the other side in order to avoid the breach of peace. The claim of the parties is that Gama being owner of the property i.e. 2 Kanals 9 Marlas sold the same to Rasalu vide sale deed dated 3.9.1992 and in accordance with this sale a mutation was entered into the revenue papers of the concerned revenue estate. There after a dispute arose between the parties and the aforesaid Gama tried to take forcible possession of the land and a case was registered vide FIR No. 378 under Sections 440/447/149 PPC against the accused party. The claim of the petitioners is that Gama entered into agreement to sell with Raja petitioner on 8.6.1990 and Raja petitioner after making payment of full price of the land i.e. Rs.16,000/- entered into the possession of the same with the consent of previous owner Gama refused to honour his commitment. Then Raja filed a civil suit on which status quo order was passed.
3. The learned counsel for the petitioner contended that he has no grievance with respect to the interim order passed by the learned Magistrate attaching the property pending the final decision of the proceedings under Section 145 Cr.P.C, but he fears that this property may not be passed on to some other person in spite of the status quo by the Civil Court in pursuance of the civil suit filed by Raja petitioner.
4. I have heard the learned counsel for the petitioner at length. I find the apprehension of the learned counsel for the petitioner is misconceived because there is no evidence on the record that the fact of the agreement to sell and transfer of possession was recorded in the revenue paper of the concerned revenue estate. The learned Magistrate has initiated the proceedings under Section 145 Cr.P.C, against the parties and as an interim measure he has attached the property, of course, after recording the evidence of both the parties, he will pass proper order. The order of learned Addl. Sessions Judge, Chiniot does not suffer from any patent illegality which would confer jurisdiction to this Court under Section 561-A Cr.P.C. This petition is dismissed in limine.