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.
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