S. 133 Conditional order for removal of nuisance. 2013 P Cr. L J 1076, Criminal Appeal No.58 of 2012, decided on 19th January, 2013.

 S. 133  Conditional order for removal of nuisance.

Magistrate could proceed with any application under S.133, Cr.P.C., but,  when  the  civil  court  of  competent  jurisdiction  was  proceeding with the matter, the Magistrate, or any other judicial office holder, was debarred from entertaining the same cause between the same parties.

When the matter was sub judice before the civil court, the Magistrate was not competent, even to pass any conditional order.

2013 P Cr. L J 1076

[Supreme Court (AJ&K)]

Present Ch. Muhammad Ibrahim Zia and Sardar Muhammad Sadiq Khan, JJ

Dr. KARAMAT HUSSAIN---Appellant

Versus

SHAMS-U-DIN and 5 others---Respondents

Criminal Appeal No.58 of 2012, decided on 19th January, 2013.

            (On  appeal  from  the  judgment  of  the  High  Court  dated 11-5-2012 passed in Criminal Revision No.1 of 2011.)

Criminal Procedure Code (V of 1898)---

S. 133---Conditional order for removal of nuisance---Scope---Controversial issue regarding removal of encroachment upon road being  sub judice  before  the  civil  court,  an  application  was  moved by the appellant for initiation of proceedings under S.133, Cr.P.C. before the Deputy Commissioner, with regard to the same subject-matter which was already pending before the civil court.

Magistrate could proceed with any application under S.133, Cr.P.C., but,  when  the  civil  court  of  competent  jurisdiction  was  proceeding with the matter, the Magistrate, or any other judicial office holder, was debarred from entertaining the same cause between the same parties.

When the matter was sub judice before the civil court, the Magistrate was not competent, even to pass any conditional order.