' This is an,-application under section 561-A, Cr. P. C. For quashment of the proceedings in the case entitled State v. Mehmood Ahmad etc. Under section 145, Cr. P. C. Pending in the Court of the Assistant Commissioner/Magistrate vested with Section 30 Powers, Chiniot, District Ihang.
2. On the application of Mumtaz Khan addressed to the Collector, Sub-Division, Chiniot a report No, 4, dated 6-4-76 was entered in the Police Station, Bhawana, District Jhang, under section 145, Cr. P.
C. And a Qalandra was filed in Court on 15-4-1976 upon which the petitioners were summoned.
3. The learned counsel for the petitioners submits that prior to the initiating of proceedings under section 145, Cr. P. C. a civil suit relating to the same property which was the subject matter of the case under section 145, Cr. P. C. Had been filed in the Court of the Administrative Civil Judge Jhang as disclosed by a copy of the plaint (Annex. P. 3 on this file) and the civil Court had issued a temporary injumtion on 8-5-1972 which was confirmed on 5-6-1973. Therefore. The civil proceedings had commenced earlier than the proceedings under section 145, Cr. P. C. The learned counsel for the State does not dispute the proposition on question of fact or on question of law. As held in Asfa Sultana v. The State (1) mere pendency of civil suit will be no bar to proceeding under section 145, Cr. P. C. But when a civil Court has regulated the possession by an interim order the jurisdiction of the Magistrate disappears. In the circumstances, this application is accepted and the proceedings of the case entitled State through Mumtaz Khan v. Mehmood Ahmad etc. Under section 145, Cr. P. C. Pending in the Court of the Assistant Commissioner/Magistrate vested with section 30 power, Chiniot. District Jhang, are quashed. {{ FOOT NOTE}} PLD 1972 Lah. 478