Law: Illegal Dispossession Act, 2005

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 91,265K,24A,561A

Civil Procedure Code (V of 1908)--- ----S. 105---Illegal Dispossession Act (XI of 2005), Ss.3 & 5---Criminal Procedure Code (V of 1898), Ss.24-A, 265-K & 561-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Non-appealable interlocutory order cannot be allowed to be assailed in constitutional jurisdiction under Art.199 of the Constitution---Respondent filed a petition .under S.3 of Illegal Dispossession Act, 2005 qua the property regarding which a civil suit was admittedly pending before civil Court---Additional Sessions Judge, in violation of procedure prescribed by section 5 of the Illegal Dispossession Act, 2005, neither inquired into the matter by an Officer Incharge of Police Station nor issued summons instead he directly issued warrants of arrest against petitioner---Validity---Statutes excluding a right of appeal from an interim order could not be by-passed by bringing under attack such interim orders in constitutional jurisdiction---Only remedy available to petitioner in criminal proceedings was to move an application under S.24-A or 265-K, Cr.P.C. as the case may be and no criminal proceedings could be allowed to be challenged through Constitutional petition or by moving application under S.561-A, Cr.P.C.---Perusal of record revealed that petitioner never appeared before Trial Court or made any application under S.24-A or 265-A, Cr.P.C.---Constitutional petition was therefore, not maintainable. Mehr Muhammad Sarwar and others v. The State and others PLD 1985 SC 240 and Bashir Ahmad v. Zafar ul Islam and others PLD 2004 SC 298 ref. ORDER MUHAMMAD JEHANGIR ARSHAD, J.---The petitioner who is respondent before the learned Addl. Sessions Judge Mian Channu in a petition filed by Muhammad Sardar respondent No.2 herein in terms of section 3 of the Illegal Dispossession Act, is aggrieved of the very assumption of the jurisdiction by the said learned Addl. Sessions Judge on the ground that from the contents of the application moved by the respondent no case for assumption of jurisdiction by the learned Addl. Sessions Judge is made out. It is argued by the learned counsel that admittedly a civil suit titled…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492