| Citation(s) |
|---|
| 2010 SLG 835 2010 SLD 835 2010 PLJ 278 |
Lahore High Court
Crl. Rev. No. 98 of 2009, decision & heariong Dated: 02.12.2009.
SARDAR TARIQ MASOOD, JUSITCE
Sardar Muhammad Shamim Khan, Advocate for Petitioner. Mr. Abdul Rasheed Rashid, Advocate for
Respondents No. 2 & 3.
Crl. Rev. No. 98 of 2009, decision & heariong Dated: 02.12.2009.
SARDAR TARIQ MASOOD, JUSITCE
Sardar Muhammad Shamim Khan, Advocate for Petitioner. Mr. Abdul Rasheed Rashid, Advocate for
Respondents No. 2 & 3.
MUHAMMAD BAKHSH
VS
A.S.J. AND OTHERS
Law:
Section:
Illegal Dispossession Act, 2005 (XI of 2005)-- ----Preamble--Provisions of Illegal Dispossession Act, were not only applicable to the land grabbers, qabza groups and other persons habitually indulging in such activities but to all persons illegally occupying or in possession of premises--Held: If from summary of evidence and documents filed by the complainant and from the contents of the complaint, sufficient reasons existed to proceed with the trial of the case and trial Court can strictly act under the provisions of Illegal Dispossession Act. Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3 & Scope of--Criminal Procedure Code, (V of 1898)--S. 265-K--Grab control or occupy--Application for acquittal was dismissed--Challenge to--All cases of illegal occupants without any distinction would be covered by Illegal Dispossession Act, 2005 and object of the act was to protect the property of lawful occupants from the illegal unauthorized occupants across the board--Held: Even if a relative takes possession of a property through illegal and unauthorized means from a lawful owner, the provisions of Illegal Dispossession Act, would be attracted. Illegal Dispossession Act, 2005 (XI of 2005)-- ----Scope of--Applicability of--Provisions of Illegal Dispossession Act, 2005 were not only applicable to land grabbers, Qabza groups or other persons habitually indulging in such activities but to all persons illegally occupying or in possession of any person. Proceedings of Civil and Criminal-- ----No bar exited to initiate both the proceedings--Held: Both the proceedings of civil and criminal can be initiated side by side and Court cannot stifle one proceeding for the other. THIS ORDER PASSED BY: SARDAR TARIQ MASOOD, JUSITCE---.--- Petitioners filed this criminal revision for setting side the order dated 14.5.2009 passed by learned Additional Sessions Judge, by which the petition under Section 265-K, Cr.P.C. filed by the petitioners was dismissed. 2. Ghulam Sarwar and Muhammad Akram Respondents No. 2 & 3 filed a complaint under Section 3 of the Illegal Dispossession Act, 2005 against Muhammad Bakhsh petitioner and others. The petitioner filed Crl. Misc. No.…
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