' Proceedings under section 145, Cr.P.0 were initiated by the learned Magistrate 1st Class, Model Town, 'Lahore upon the application moved by S.H.0, Kot Lukhpat on 22-12-1998. During the proceedings, the property in dispute was ordered to be sealed on 9-1-1999 by the learned Magistrate 1st Class, Model Town, Lahore, this order was challenged by the petitioner through a revision petition and same was also dismissed by the learned Additional District Judge, Lahore vide order dated 5-3-1999. Instant petition under section 561-A, Cr.P.C. Has been filed by the petitioner challenging the abovesaid both orders.
2. Facts of the case are that one Muhammad Israel son of Munshi Khan claiming himself to be the owner of Plot No,722, Khata No,768, Khatooni No,722 situated at Mouza Kot Lukhpat Lahore, rented out the same to the petitioner in January, 1993. Petitioner, after spending his own money, constructed shops, rooms, boundary walls etc. Over the land. Statedly, said Israel agreed to sell the land in question to the petitioner and after receiving some amount executed a pronote in this regard but later on, he sold this land to the respondents in connivance with his other brothers.
Petitioner, thus, being aggrieved by this act, filed a civil suit for declaration, specific performance and permanent injunction on 5-1-1998 and on the same day status quo with regard to the possession over the property was ordered by the learned Civil Judge, Lahore.
3. Since both the parties were at dagger's drawn over the land in dispute and criminal cases were registered against them, S.H.O., Police Station Kot Lukhpat, Lahore on 22-12-1998 moved an application before the Ilaqa Magistrate for initiating proceedings under section 145, Cr.P.C. Which are still pending. The learned Magistrate on 9-1-1999 after hearing the parties, ordered for the sealing of the property in question.
3. Heard. File perused.
4. The only question which requires the determination is whether in the presence of an order of status quo passed by the learned Civil Court, criminal proceedings under section 145, Cr.P.C. Can be initiated; admittedly, there are chains of authorities on this point that when a matter is pending before the learned Civil Court, the learned Criminal Court has no jurisdiction, whatsoever, to interfere into the matter of Civil nature. Reliance is placed upon case titled Imdad Khan and 7 others v. Syed Muhammad Ilyas and 2 others 1971 SCM R 581, and case titled Mehr Muhammad Sarwar and others v. The State and others PLD 1985 SC 240.
5. According to the record, a suit for specific performance with regard to the sale of the property in question was filed on 5-1-1998 and on the same day, status quo order was passed. Later on, on 22- 12-1998 upon the application moved by the S.H.O., Police Station, Kot Lukhpat, Lahore, proceedings under section 145, Cr.P.C. Were initiated and order, dated 9-1-1999 for sealing the property was passed by the learned Magistrate, Model Town, Lahore. The pendency of a civil suit before the learned Civil Judge is not controverted by the learned counsel for the respondents. It is settled proposition of law that where the possession of the same property has been regulated by the Civil Court, the matter falls outside the jurisdiction of the learned Magistrate under section 145, Cr.P.C.
Reliance is placed on case titled Shah Muhammad v. Haqnawaz and others PLD 1970 SC 470. The relevant portion of the judgment reads as follows:- "A case in which a civil Court is already seized with the subject-matter of dispute and has passed an order regulating possession thereof or a case in which a decree for possession has been granted or a permanent injunction granted restraining the opposite-party from interfering with the possession of the decree-holder fall outside the jurisdiction of a Magistrate under section 145, Cr.P.C. Action can, of course, be taken always under sections 107 and 151, Cr.P.C. To prevent breach of peace in case of this nature, but no order for the attachment of the property can be made."
Facts of the case clearly indicate that at the time of initiating, proceedings under section 145, Cr.P.C, a civil suit was already pending before the learned Civil Court, thus, learned Magistrate, Model Town, Lahore had no jurisdiction to initiate proceedings under section 145, Cr.P.0 and the order dated 9-1-1999 is coram non judice and has got no legal sanctity. Similarly, learned Additional District Judge, Lahore has not exercised his jurisdiction vested in it in accordance with law. Accordingly, instant petition is accepted and both the impugned orders are hereby set aside.
6. In the peculiar circumstances of this case, learned trial Court of case titled Muhammad Kashif Zia v. Muhammad Israel etc. Is directed to conclude the same within a period of two months (2 months).
7. With this observation, instant petition stands allowed and disposed of.